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New York – DBA

All You Need to Know to Successfully File a New York DBA

According to the law in New York, enterprises managed as corporations, limited partnerships, limited liability companies, and are required to carry out their day-to-day business activities under a legal name. If any of these enterprises or business entities wants to undertake daily business activities under a name that’s different from the legal name, the proprietor must take steps to file a DBA (Doing Business As) or Certificate of Assumed Name. The certificate must be filed with the New York Department of State.

Importance of filing a DBA

A proprietor in New York State cannot open a bank account with an assumed name unless he or she files a DBA with the state. Filing a DBA also enables the proprietor to file a lawsuit should any business use his or her registered Assumed Name. On top of that, a DBA name enables the business owner to legally engage in contracts, stationary, and advertising.

The process of filing a DBA in New York

Filing a DBA in New York starts with determining that the name you have chosen for the assumed name is not presently in use. In addition, your assumed or fictitious name cannot use specific words and phrases like Limited Partnership, Limited Liability Company, Incorporated, Corporation or their abbreviations.

DBA Forms in New York State

In New York State, A Certificate of Assumed Name is also known as DBA form. There are two kinds of forms; forms designed to amend the Certificate of Assumed Name, which applies if some vital information needs to be altered. The second is the form to discontinue the Certificate of Assumed Name request, which applies if the chief reasons for DBA application are no longer applicable.

Filing and registration of DBA in New York State

A business owner filing a DBA must submit the current name of the business looking for the DBA. The name can be obtained on the filing receipt given by the New York Department of State the day the business entity was formed. The owner can also look for the Business/Corporation Entity Index.

Next, the business owner must fill out the desired Assumed Name together with the main business location, which might be an address that is situated out of the state. However, a post office box is not allowed. They will also need to fill out the county in which the business with the Assumed Name intends to operate and the specific address.

The final step is the signing of the Certificate of Assumed Name on behalf of the business by a manager of a limited company, corporate officer or a general partner of a limited company. The business owner is also required to fill out their own name and mailing address in order to get the receipt as evidence of filing. Note that having an Assumed Name registered by filing a DBA does not in any way change the taxation model applied to your entity.

 

Looking for a quick and hassle-free way to obtain your DBA? Check out LegalZoom below:
 FeaturesSubmission TimeTurnaroundRating & Prices
#1 Most Recommended
LegalZoom performs a name search of your DBA, and then completes and files your application for you. All while providing you with advice along the way!
< 15 minutes
< 2 weeks
5.0 Stars
Click here to
see prices