Filing a DBA in New York - Fictious Business Name (FBN) | LegalZoom
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Form a New York DBA

Take the next step in making your business venture official - file your DBA statement today! LegalZoom is a quick and painless way to legally establish the name of your business. A DBA (a.k.a. Doing Business As or fictitious business name) gives you the ability to open bank accounts and legally transact business using the name of your new venture.

NEW YORK STATUTORY GUIDELINES customizes your legal DBA filing to comply with local requirements, no matter where you live. However, if you're interested in the specifics, they are listed below.

In New York, use of personal or family names is prohibited for individuals, partnerships, and unincorporated association unless:
  • It is their actual name
  • The name has a secondary, historic or geographic meaning and the name contains a word or words clearly signifying such secondary connotation, or is followed by the abbreviation?
  • The persons conducting the business are successors in interest
The name must not contain any word or phrase which indicates that the corporation is authorized for any purpose other than a purpose for which it is authorized. In addition, the name may not contain any of the following phrases, or any abbreviation or derivative thereof: Board of Trade, State Police, Urban Development, Chamber of Commerce, State Trooper, Urban Relocation, Community Renewal, or Tenant Relocation. Names also must not contain any of the following words without the proper authorization: Acceptance, Endowment, Loan, Annuity, Fidelity, Mortgage, Assurance, Finance, Savings, Bank, Guaranty, Surety, Benefit, Indemnity, Title, Bond, Insurance, Trust, Casualty, Investment, Underwriter, Doctor, or Lawyer.

The name also must not use the words union, labor, council, or industrial organization in a context which indicates that the corporation is formed of working men or women or wage earners or for the performance, rendition or sale of services as labor or management consultant, adviser or specialist, or as negotiator or arbitrator in labor-management disputes. In addition, it must not, unless the approval of the state department of social services is attached to the certificate of incorporation, contain the word "blind" or "handicapped," and must not contain any words which will tend to mislead the public into believing that the corporation is an agency or instrumentality of the United States or the state of New York or a public corporation. Moreover, the name must not contain any word which is indecent or obscene, or must ridicule or degrade any person, group, belief, business or agency of government, or indicate or imply any unlawful activity, and must not, unless the approval of the attorney general is attached to the certificate of incorporation, contain the word "exchange."

When filing (other than a corporation, limited partnership, or LLC), one must provide the name under which business is conducted, the address where business is conducted, the full name or names of the person or persons conducting business including the names of all partners, the residence address of each person listed above, and the age of any person less than eighteen years of age.

For corporations, limited partnerships, and LLCs, one must provide the name under which business is conducted, the corporate, limited partnership or LLC name, the location including number and street, if any, of its principal place of business in the state, the name of each county in which it does business or intends to do business, and the location including number and street, if any, of each place where it carries on or conducts business in this state.

Each certificate must be signed and notarized in person by all of the persons conducting the business. Each certificate must also be executed by an officer of the corporation, a general partner of the limited partnership, a member or manager of a LLC, or an attorney-in-fact or authorized person for such corporation.

A certified copy of the original certificate, or most recent amended certificate filed, must be conspicuously displayed on the premises at each place in which the business is conducted. If a certificate which has been filed does not accurately set forth the facts, or within thirty days after there has been a change in such facts, an amended certificate must be filed identifying the original certificate and incorporating the corrections or changes. If the business is discontinued, or a certificate is no longer required, a certificate of discontinuance may be filed with the county clerk with whom the original certificate was filed or the Secretary of State. The discontinuance must identify the certificate and certify the facts by reason of which the filing of a certificate is no longer required.