How to file a DBA in New York

For those unfamiliar with the acronym, DBA stands for "doing business as." In most New York counties, it is referred to as an Assumed Name. No matter which type of business structure you have incorporated as (sole proprietor, partnership, corporation, or LLC), if you plan to operate your business under a name different than your real name or an existing corporate name, then you need to file a DBA. In New York, you must register your DBA within 40 days of the commencement of the business.

• The ability to open a business bank account. You are unable to use your personal bank account to issue or receive checks under your business name. Filing for a DBA allows you to open a bank account under your startup's name, as most banks will require a certified copy of your DBA before you can open an account. Once you have a business bank account, you may collect checks and payments under your company's name.
• Public advertising. Now that you have registered your official business name, you may begin publicly advertising and marketing under the DBA. This will help increase the visibility of your business
• Create a separate business identity. Small businesses look much more professional once they file for a DBA. The assumed name allows them to establish a separate business identity for customers and vendors. This allows you to present your business in a professional light.
• Discourage others from usage. You'll be able to protect your brand and discourage others from registering your name by officially registering your DBA.

The first step is determining if a DBA is right for you. There are a few common situations where registering a DBA makes the most sense:

• Sole Proprietors: Let's suppose Jane Smith is a graphic designer doing work as a sole proprietorship (no LLC or corporation formed). She may wish to conduct business with her clients as "Designs by Jane," as well as open a bank account and accept checks under that name. Filing a DBA for the name Designs by Jane would allow her to do so.
• LLC/Corporations: In the case that you have already filed an LLC or Corporation for your business, you may register another name for your business with the state. Let's say you filed an LLC for your auto repair business under the name "L.A. First Auto Repair" but have decided to expand your business into auto detailing. You could file a DBA for "L.A. First Auto Detailing" as a second name for your business. Doing this ensures you keep these two separate business activities distinct.
• LLC/Corporations:
  In New York, your corporation or LLC's full legal name may include an indicator (such as Inc or L.L.C). If your company's full name is "Doggie Day Care, INC," but you wish to operate your business as "Doggie Day Care," you would file for a DBA without the indicator.

The next important step seems obvious: you'll need to decide on a name to register. In New York, there are a few simple rules to keep in mind as you come up with a name.

1. No two fictitious names in New York can be similar or the exact same. In other words, a DBA cannot mislead the public by being deceptively similar to any other business name.
2. A DBA name cannot include a corporate indicator, like Corp or LLC, or any other words that imply an entity type, unless the business has been incorporated as an LLC or corporation. This is to prevent a sole proprietor from posing as an incorporated business.

How do you find out if a DBA name is available in New York?

There are a few approaches you can take once you have chosen a name that meets the guidelines listed above in order to determine if the name is available to register. One basic approach is to do a Google search for other New York business with the same name. While it may not prove that the name you want to register is available, it is an easy way to weed out any names that are already taken. You can also check to see if the web domain for your business name is available, since it is likely you will need a website domain that matches your company name.

Another, more reliable approach is to conduct a New York DBA Name search. MyCorporation may complete a thorough business name search on your behalf, and report back the findings to help you avoid unnecessary rejections.

In New York, sole-proprietorships, general partnerships, and limited liability partnerships file their Certificate of Assumed Name at the county level. All other business entities need to file the DBA form with the New York Department of State. Here are some additional resources on the state website on where to file a Certificate of Assumed Name in New York:

• Business Certificate for Sole Proprietorships and General Partnerships
• Certificate of Assumed Name - Overview
• Certficate of Assumed Name (PDF form)

Now that you have determined the name is available for registration, it's time to complete the filing with the forms provided by your county. It is important that you file your DBA in the county where you plan on operating your business. Most counties in New York require similar, basic information:

1. Your name and address
2. Your fictitious business name(s)
3. The address and mailing address of your business. P.O. Box numbers are not acceptable as a business address when used alone without a street address.
4. The full name of the registered owners
5. Your Corporation or LLC identification number provided by New York, if the DBA is for a corporation or LLC.
6. The entity type of business you have (Corporation, LLC, etc.)

Once you have completed the application, you will submit it to the county registrar for approval either via mail, or deliver in-person. The fee is $25 for filing a Certificate of Assumed Name in New York as an LLC or limited partnership business. Fees for corporations are $25, plus $100 for each county within New York City and $25 for each non-NYC county.

We hope you find this detailed list of steps makes the process of registering a doing business as name (DBA) a bit more simplified for you. However, we understand that filing a DBA for your business can be confusing and time-consuming process. That's why MyCorporation offers DBA filing services for businesses in all 62 counties across New York.

Our experts will complete the forms for your county, check its registration status, and even publish the DBA notice where required. All you need do is sign and return a few documents in our prelabeled envelope. You'll receive the approval and publication certificate for your records without any heavy lifting.