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The legal name of a business is different depending on its structure. For LLCs, it is the name of the company. And, for sole proprietors, the legal name defaults to their individual personal name.
A DBA name is any name a business registers that is not its legal name. It stands for ‘doing business as, and can also be referred to as a fictitious name, trade name, or assumed name. It is most commonly referred to as an assumed business name in New York.
A DBA changes nothing else about your business except the name.
For example, when you open a business, it defaults to your legal name (e.g., Bella Davis). Bella Davis is opening a hair salon and doesn’t want the name of her business to be Bella Davis. So, she files a DBA to change the business name to Bella’s Beauties. Bella’s Beauties then becomes the business name. Nothing else about the business structure changes. The DBA permits Bella Davis to operate using an assumed business name. Without the DBA, the business’s name would be her own name, Bella Davis.
New York State requires all sole proprietorships and general partnerships to register a unique assumed business name. It must meet the state’s requirements.
The first step is to visit the New York Department of State’s business name database. You need to make sure that the name is not already in use. New York requires all assumed business names to be unique and not already in use.
In New York, sole proprietors and partnerships must file a business certificate with the county clerk in which they plan on doing business to operate using a DBA name.
You can find your local county clerk’s office using the New York State Association of Counties database.
Example – New York County: The assumed business name records in New York County are in the basement located at 60 Centre Street, Manhattan.
There are two business certificates. One for partnerships (X-74) and one for sole proprietorships (X-201). The county clerk doesn’t provide Business Certificate forms. It is advised that business owners purchase the form in the lobby of the courthouse in Manhattan or at a legal stationery store.
You must include the $100 New York filing fee with your DBA application. It is an additional $10 for a certified copy.
Your county clerk only accepts cash and credit cards. They do not accept personal or business checks.
Office address: 60 Centre St. Room 161 New York City, New York 10007
If you wish to make changes to your business certificate, you must visit your county clerk’s office and complete an amendment form. The filing fee for an amendment to your DBA is $121.
LLCs and corporations file their Certificate of Assumed Name with the New York Department of State. It applies to the following business entities:
A DBA name must be unique and meet New York state requirements.
An LLC or corporation can check the New York Department of State’s assumed business name database.
If your business is incorporated, you must file a DBA with the NYS Department of State.
You will need to download and print a copy of the assumed name form. You will need to list your new DBA name and information about your business on the DBA form.
A DBA for an LLC or corporation in New York carries additional fees.
Expedited services pricing for LLCs and corporations
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
Fax:
(518) 474-1418 – You will have to include the Credit Card/Debit Card Authorization and a written request for a certified copy of the certificate of assumed name.
New York has DBA name restrictions. An assumed business name cannot include:
A DBA only changes the name of a business. So, there are no tax implications when you file a DBA in New York.
For sole proprietors, the filing fee for a DBA in New York is $100. Certified copies of the business certificate are an additional $10 each.
Sole proprietors file a DBA with the county clerk they plan on doing business with. DBA filings are good for ten years in New York and must be renewed for the same $100 filing fee.
An LLC or corporation files a DBA with the New York Department of State, and the filing fees are different.
Expedited services for LLCs and corporations
In New York, a DBA is most often referred to as an assumed business name. It is how businesses operate under a name that isn’t their legal name. It means that a DBA and a business name are the same things.
New York state law requires all sole proprietors to register a DBA name. It applies to businesses in any industry. The same applies to partnerships, LLCs, corporations, franchises, and non-profits.
If you don’t plan on changing the name from your legal name, a DBA is not required.
In New York State, the law requires all sole proprietors, LLCs, partnerships, and corporations to file a DBA if they wish to operate and sign legal documents under a name that is not their legal name.
However, it is a good idea to have a DBA for various other reasons. It depends on the needs of the owner and state and local requirements.
DBA’s allow small businesses creative freedom when naming their company. Also, it helps avoid the expensive and complicated process of forming an LLC or corporation only to change the business’s name.
A DBA name is not a business entity; thus, you don’t need a separate EIN.
The processing time for a DBA in New York is between 4 to 6 weeks. LLCs and corporations have access to expedited services.
A DBA is good for ten years from the registration date in New York. Every ten years, you will need to renew the business certificate for sole proprietors or the certificate of assumed name for LLCs.
You can withdraw or cancel your DBA in New York by completing and filing the Certificate of Discontinuance of Assumed Name form. It costs $25.
You can make changes to your DBA in New York by completing and filing the Certificate of Amendment of Certificate of Assumed Name form. The filing fee is $25.