A business that operates under a registered pseudonym in NY can be termed as New York DBA. You will need to file the DBA with the state through which you will be able to expand the business. An alternate or assumed name will help you do business on a larger scale. Our guide will explain how to set up an LLC in New York with New York DBA.
What is a New York DBA?
An assumed name is just another name for DBA in New York. It allows you to expand your business by filing a New York assumed name certificate. Doing Business As (DBA) is a generally used term by LLCs, LPs, corporations, sole-proprietor, and co-partnerships. A small business can interlink itself as a part of a big-scale business under the New York DBA. To start with, you necessarily have to search for a non-existing DBA for your business and then file it with the county clerk or SOS.
Do I Need A DBA in New York?
If you are looking to run your LLC, then you should know how to start an LLC in New York. DBA is only needed when your LLC name is not suitable for you and you want to operate under a different name. For this, you will need to register for New York DBA. The state strictly requires all LLCs, LPs, corporations, sole proprietorships, and co-partnerships to file a DBA if they transact business under an alternative name. You will need to file a certificate of the New York assumed name with the state if you wish to operate under a name different than your legal name.
What to Consider While Filing a DBA?
Certainly, you have to meet all the requirements of the state while requesting a DBA. If you do not meet their requirements then they reserve the right to reject your application. Here is what you should keep in mind:
- You must notify people through print media about your DBA
- Make sure the name does not represent itself as a government agency
- Strictly avoid using restricted works like an attorney, bank, or FBI
- Get an EIN or Tax ID for your legal business entity
How Can I File a DBA in New York?
Whether you run an LLC or sole proprietorship in New York, if you choose to do so under a name other than your legal name then you must file a certificate of the assumed name with the county clerk and SOS. The process of filing the form is as follows.
1. New York Assumed Name Search
While you wish to run your business under a New York assumed name, the foremost thing you should do is conduct a New York business name search. You can check our guide to know how to name search. Start with visiting the official New York department of state. Also, make sure your name complies with the naming guidelines. Necessarily take a non-existing and unique name as an assumed name for your business.
2. File an Assumed Name with New York County Clerk/SOS
In order to operate and expand your business on large scale with an assumed name, you will necessarily need to fill it with the state. Any sole proprietorship or co-partnership business can claim an assumed name by filing it with an appropriate county. The LLCs, LPs, and corporations have to know the process of how to get a DBA in New York with the NY SOS.
File a DBA with New York County
If you are running a business with a New York DBA then you must file it with the state county. The most appropriate county in New York is New York County. Check the desired New York assumed name in the county records and make sure it is available. You have to file an X-74 certificate for partnerships and an X-201 certificate for sole proprietorships. You can visit the office and submit a copy of your filled form to the appropriate county clerk. Certainly, assure that the payment of filing the form is processed only with a credit card and not with any personal or business checks.
- Office Address
60 Centre St.
Room 161
New York, NY 10007
File a DBA with New York SOS
If the legal name of your business is not under an appropriate condition, you can claim a New York DBA and file it with the state. To do so you have to meet the requirements of the state. Any LLC, LP, or corporation running in the state that wishes to change its legal name to a New York assumed name will have to file a form with New York SOS. You can either submit it in person in the office or even mail it.
- Office Address
New York State Department of State
Division of Corporations
One Commerce Plaza
99 Washington Avenue
Albany, NY 12231
- Mailing Address
New York State Department of State
Division of Corporations
One Commerce Plaza
99 Washington Avenue
Albany, NY 12231
You can even fax the certificate of an assumed name in New York at (518) 474-1418. This also includes a filing fee but remember no personal checks are allowed.
What is the Cost To File DBA in New York?
The filing fee for submitting a form with New York county is different from that when submitting the certificate at New York SOS.
- Cost of Filing with County Clerk: The cost is $100 and if you wish to get a certificate copy then an additional amount of $10 will be requested.
- Cost of Filing with New York SOS: While submitting a certificate to SOS the filing fee is $25. If you wish to get a copy of a certificate then the cost is $10.
Note: You can pay an additional fee to process the certificate while filing a New York DBA with SOS. The cost of 2 hours of processing is $150, the same day is $75 and within 24 hours it is $25.
Can I Update My DBA Information?
Yes, indeed you can make updates to the certificate which you submit to County or New York SOS. While making changes to a certificate, you have to complete an amendment document and pay a $121 filing fee. You must complete and submit the Amendment Certificate of Assumed Name.
Do I Have to Renew my New York DBA?
No! one of the best things about DBAs in New York. They never expire. Other states have a renewal period, probably 10 years but in New York, DBAs do not expire. Hence you do not need to worry about any renewal.
Note: If you knowingly provide wrong information, you will be guilty of a third-degree felony.
Can I File Multiple DBAs in New York?
You can register and file as many New York DBA as you want in the state. Make sure you can maintain those DBA in New York as each of the filings requires a separate process and new costs every time. There are no limits given by the New York department of state or the county clerk for filing a DBA.
What if I Don’t Want To Use My DBA Anymore?
You can withdraw a DBA in New York if you wish to no more run your business under an assumed name. Although, you must file the Certificate of Discontinuance of Assumed Name and register it with the state or the county.
Frequently Asked Questions
1. Does a business need a DBA in New York City?
No, unless you have filed the New York DBA with the SOS or with a county clerk, you do not need it for individual cities.
2. Does filing a DBA stops claiming a business entity?
No, a DBA does not stop you from claiming a legal business entity.
3. What to avoid while naming a business in New York?
Make sure you avoid any fraudulent, deceptive or confusing concepts for your LLC or corporation in New York.
4. How Can I protect my New York DBA?
You can register your DBA name for trademark and get security which will avoid others from using it.
5. Can I get an insurance for my DBA in New York?
To secure your asset you can get suitable insurance for your business under any name to avoid the worst cases.
What After I File My DBA in New York?
After you successfully file a DBA in New York there are several other points that you should take into consideration. Filing a New York DBA is as important as filing an article of organization for an LLC in New York. Consider starting a business account to protect personal assets and maintain a corporate veil of your business liabilities. You might also want to consider making a business website under your legal or DBA name.