Do you have plans to start or expand your business in New York? Registering your company under a doing business as (DBA) name could be your ticket to stronger branding.
This comprehensive guide provides a step-by-step walkthrough to help you with the process of filing a DBA in New York State.
What is a DBA in New York?
A DBA—also known as an assumed business name, trade name, or fictitious name—allows businesses to operate under a name different from their legal registered name. New York requires businesses to file proper documentation when conducting business under any name other than their true legal name.
For example, if "Brooklyn Bagel Enterprises, LLC" wants to operate a storefront as "Joe's Famous Bagels," they must register "Joe's Famous Bagels" as a DBA with the appropriate New York authorities.
Filing for a DBA provides several essential advantages. It allows your business to operate under a more marketable business name, while providing transparency for customers and creditors about business ownership. It also protects the enforceability of contracts signed under the assumed name. And many banks require DBA registration to open business accounts under assumed names.
How to file your DBA in New York
New York's DBA filing process varies slightly depending on your business structure and location. There are also special considerations if you have a business located in New York City.
Below is a general overview of the process, plus notes about special circumstances.
Step 1: Check the availability of your assumed name
No business in New York—regardless of its structure or location—can operate under an assumed name that’s already taken (or too similar to) an existing business name. You can check the availability of your chosen name by searching the New York Department of State’s assumed business name database.
Step 2: Fill out the required forms
This is where the process starts to differ depending on the type of business entity you’re running. Limited liability companies (LLCs), corporations, and limited partnerships fill out a certificate of assumed name form and submit it (along with the $25 filing fee) to the New York Department of State.
Special considerations for corporations: In addition to the $25 fee paid to the state, corporations must also pay an additional $25 for each county it conducts business in outside of New York City. For counties within New York City, the fee is $100 per county.
Sole proprietorships and general partnerships, however, file a business certificate in the county clerk’s office in each county where they’ll conduct business. These forms are available at county clerk offices or downloadable from individual county websites. Fees can vary by location, but typically range from $25 to $120.
Step 3: Obtain certified copies
Getting a certified copy of your DBA will cost you a little extra (typically around $5 or $10 per copy) but it can be helpful if you plan to open a business bank account, since you’ll need some proof of your assumed name’s registration. Some counties may also require it for tasks such as obtaining a business license.
How long does a DBA last in New York?
DBA registrations don't expire in the state of New York, and you don’t need to renew them. However, if you decide to no longer do business under your assumed name, you will need to file a certificate of discontinuance to dissolve it.
FAQs about New York DBAs
Can an LLC have multiple DBAs in New York?
Yes, New York LLCs can register multiple assumed names by filing separate certificates of assumed name applications for each DBA. Each assumed name requires its own $25 filing fee with the New York Department of State, plus additional fees for operations in New York City counties.
Does my DBA protect my business name from trademark infringement in New York?
No, DBA registration doesn't provide trademark protection. It only allows you to legally operate under the assumed name and ensures other businesses in New York can’t operate under your assumed name.
Do I need to publish a notice in New York newspapers?
No, there is no publication requirement for DBAs in New York state, though you may need to fulfill a publication requirement when first forming your business.
What happens if I operate without filing a DBA in New York?
Operating under an assumed name without proper DBA registration violates New York General Business Law and can result in fines and penalties, bank account closure, an inability to enforce contracts under your assumed name, and other consequences.
Sam Eichner contributed to this article.
'%20/%3e%3c/svg%3e)
'%3e%3cpath%20fill-rule='evenodd'%20clip-rule='evenodd'%20d='M9.31239%2025.5316H13.0679V14.1032H9.31239V25.5316ZM11.1913%208.46875C9.93945%208.46875%209%209.25086%209%2010.505C9%2011.5995%209.78211%2012.5389%2011.1913%2012.5389C12.6005%2012.5389%2013.3826%2011.5995%2013.3826%2010.505C13.3826%209.4082%2012.6005%208.46875%2011.1913%208.46875ZM27%2018.9577V25.5316H23.2445V19.4275C23.2445%2017.8609%2022.6174%2016.7664%2021.3679%2016.7664C20.2711%2016.7664%2019.644%2017.5463%2019.3316%2018.1756C19.1743%2018.488%2019.1743%2018.8004%2019.1743%2019.1128V25.5316H15.4165V13.9458H19.1743V15.5123C19.644%2014.7302%2020.5835%2013.6357%2022.6174%2013.6357C25.1234%2013.7908%2027%2015.3573%2027%2018.9577Z'%20fill='white'/%3e%3c/g%3e%3cdefs%3e%3cclipPath%20id='clip0_952_9489'%3e%3crect%20width='18'%20height='18'%20fill='white'%20transform='translate(9%208)'/%3e%3c/clipPath%3e%3c/defs%3e%3c/svg%3e)
