If a business wishes to do business under a name that is different from the original name used to form the business, it must file the new name. This is often referred to as filing for a DBA, or doing business as. For example, if “Betty’s Boutique LLC” wants to do business as “In Style Boutique” for branding purposes, then a DBA would have to be filed.
By law, New York requires businesses to use its true legal name to do business. For businesses that wish to use a name other than its legal name, they must file for a DBA. DBAs allow a business perform financial transactions under a different, while allowing the business to build brand equity under a different name.
There are a few differences in requirements for filing a DBA in New York for different entities. Limited liability companies, limited partnerships, and corporations have to file a certificate that complies with Section 130 of the General Business Law. Any other entities such as limited liability partnerships, general partnerships, and sole proprietorships have to file an Assumed Name Certificate with each county clerk that the entity conducts business in.
Below, we will outline the basic steps to filing for a DBA using Certificate Of Assumed Name.
Before you settle on a name, you need to make sure the name you chose isn’t already taken or too similar to another name that’s already registered in the state. You can search to see if that’s the case with your name by doing a quick business entity search with the Department of State. Furthermore, avoid using certain words and phrases. Names cannot contain words such as “Corporation”, “Incorporated”, “Limited”, etc…
Once you choose a name, it’s time for you to complete a Certificate of Assumed Name. You can get it either from your local County Clerk’s office or download online.
If you need help filling out your Certificate of Assumed Name, check these step by step instructions from the NY Division of Corporations, State Records & UCC. Be sure to fill out the form in black ink or typing in your information.
Double check your work before submitting, especially if you’re not working with a professional.
After you’re sure your form is complete and accurate, you need to submit the form with a $25 filing fee, along with any additional county fees. Do not submit the form with cash, as the state cautions not to send cash in the mail.
More information can be found here on the Department of State’s website regarding additional fees for expedited processing, credit card payments and filing receipts.
Your completed form should be mailed to:
New York Department of State
Division of Corporations
One Commerce Plaza
99 Washington Avenue
Albany, NY 12231
Filing a for a DBA to get your trade name registered will not impact how your company is taxed.