How to File Your New York State DBA
In the state of New York, you will file either at the state or the county level
(but not both), depending on the type of DBA you’re forming.
New York DBA Filings for Sole Proprietorships and Partnerships
If you’re filing a NY DBA as a sole proprietorship or an unincorporated partnership,
you’ll file at the county level—the county in which your business is physically
located. This county-level document will be filed with the County Clerk (this document,
at the county level, is called a Business Certificate). New York City is divided
into boroughs, so a NYC DBA would be filed in the County Clerk’s office that corresponds
to the specific borough the business is located in. (For example, if your business
will be located in Manhattan, your DBA will be filed with the New York County Clerk’s
office.)
As DBAs for sole proprietorships and partnerships are filed at the county level,
the chosen name must be distinguishable from any other name currently on file in
that county. If the county in question allows name searches to be done, ClickAndInc
can perform a DBA name search for
you to determine the availability of your chosen name in that county.
New York State DBAs for Incorporated Entities
If you’re an incorporated partnership, a corporation, an LLC, or any other type
of incorporated entity, your NY DBA will be filed at the state level using the state-provided
New York DBA form (called a Certificate of Assumed Name). This is because your corporate
records (also filed at the state level) will be affected by the filing.
While the form is used statewide, you will need to circle the counties in which
you intend to conduct business under the assumed name. An address must be provided
in each county selected on the form; the amount of counties specified will determine
the filing fee. Post office boxes are not acceptable as addresses.
While assumed names are not subject to availability limitations, the state does
require that names including certain words (such as “bank”, “union”, “blind”, “education”)
first obtain permission from the attorney general or appropriate department. Additionally,
corporate endings cannot be included in a DBA name, regardless of the corporate
ending on the name of the entity itself.
Other Types of Businesses in New York
For information on other types of businesses in New York, please explore the links
below.
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