How to file a DBA in New York

One of the most important aspects of a new business is its identity. Your prospective customers, vendors, partners, and shareholders will be able to connect to this identity, which is the business name. Different businesses can have different types of business names and one such type is called DBA or “doing business as”. If you are planning to start a sole proprietorship or partnership then filing a DBA in New York is one of the important aspects. This article will provide you with an insight into what a DBA is, how to find a DBA in New York, the process for filing, managing, renewal, and even canceling a DBA.

Doing Business As or DBA in New York

New York is home to 2.3 million small businesses, which includes LLC, corporations, sole proprietorships, and partnerships among others. Many of these businesses apply for a New York DBA online in order to conduct or transact business in this state. The filing of a DBA by domestic and foreign business entities is governed by Article 9-B of the 2020 New York Laws, GBS – General Business. If you are planning to get a DBA in New York then your business name needs to be compliant with the requirements of section 130 of the General Business Law. The important thing though is to understand what a DBA is and whether your business needs it.

What is a DBA in New York?

If you want to start a small business in New York, you will first need to identify a name that is distinct and stands apart. If you are thinking of using such a name then filing a DBA in New York can be a good option. You are probably wondering how a DBA is different from any business name and the answer lies in the fact that a DBA will help you conduct business in the state under a fictitious business name. Such a name has several advantages over using your own name.

A DBA or ‘Doing Business As’ in New York is known as an assumed business name or a fictitious business name. If you file a NY State DBA online application then the DBA will be considered as the operating name of your company as opposed to the legal name like those used by limited liability companies or corporations. Let’s look at an example to understand a DBA.

Example: If you are planning to start a sports goods store in New York and if you are the owner, you can name it with your name like Jaden Smith sports. In such a scenario, you will not be required to apply for a New York DBA online since you are using your own name. If you were to name the store Jaden’s Soccer Store then you will have to get a DBA in New York.

When do you need a DBA in New York?

A business name is important to any company and if you are wondering how to find a DBA in New York or file such a name then it is important to understand if your business really needs a fictitious name. The reason to opt for a DBA can vary from one business to another. Some of the common reasons for filing a DBA in New York are:

Type of business entity – Every business has a true name or a legal name. Some forms of businesses, especially unincorporated business structures like general partnerships and sole proprietorship businesses, the legal name is the name of the business owners. Most often than not, these businesses prefer to get a DBA in New York instead of using the owner’s name.
Several businesses – When you form a new business, the primary objective is to achieve growth. When a single business expands, it can branch off into multiple businesses depending on the products or services being offered. In such a scenario, you can apply for a New York DBA online to help in keeping each of the businesses separate and also avoid the need to register each company.
Business Bank Account – While opening a business bank account you need to check the bank account opening requirements. There are many banks that require a copy of your DBA (doing business as) or assumed name certificate in New York for opening a business bank account.

Filing a DBA in New York for an LLC and a Corporation

If you are planning to start a new business in New York as a Limited Liability Company or a corporation then identifying a business name is the first step of the process. If you plan to conduct business with a name that is different from the name you have used for business formation then such a name is known as a trade name. A trade name is nothing but an assumed name or DBA (doing business as) is important. There is a process for filing a DBA in New York for an LLC or a business corporation and this process is different from that of the normal name reservation for businesses.

Do New York Assumed Name Search

The first step towards filing a DBA in New York is to conduct a name search. If you are wondering how to find a DBA in New York then there are two ways to conduct this name search and they are:

Search through the corporation and business entity database of the Department of State, Division of Corporations
Conduct a search for similar trademarks using the trademark database also known as Trademark Electronic Search System (TESS)

File an NY Assumed Name Certificate

Now that you know how to find a DBA in New York, the next step is to ensure that you are able to apply for a New York DBA online. It is important to understand that there is a specific reason or purpose for registration of a DBA name. The purpose is to basically notify your customers or the public regarding a specific person or company conducting business under a name that is different from its legal name. The registration of the DBA is governed by the 2020 New York Laws, GBS – General Business, Article 9-B – Use of Names and Symbols.

In order to conduct business under a DBA, you will be required to complete an appropriate NY State DBA online application. You will be required to file the Certificate of Assumed Name with the Department of State. The filing fee for the same is $25. It is important to note that the county filing fee for filing a DBA in New York is $25 for each county, except for specific counties like Kings, New York, Bronx, Queens, and Richmond where there is an additional fee of $100.

You can submit the NY State DBA online application or forward the application to:

New York Department of State,
Division of Corporations,
One Commerce Plaza,
99 Washington Avenue,
Albany, NY 12231

You can also benefit from the NY State Department of State’s expedited handling services. If you opt to expedite the assumed name certificate with New York process then there will be an additional fee of $25 to process within 24 hours, $75 for same day processing, and $150 to process within 2 hours. If you want to apply for a New York DBA online then IncParadise can provide valuable assistance with the process.

Managing a New York DBA

Filing a DBA in New York means that now you can conduct your business in the state using the DBA or assumed name. Every state has its own DBA rules and regulations, especially those related to the renewal of DBA, changing, and canceling a DBA. If you have applied for an assumed name certificate in New York then let’s look at the processes applicable in the future.

How to renew NYS DBA?

Unlike in some of the other states in the USA, once you apply for a New York DBA online, the process ends there. This simply means that you are not required to renew the fictitious name anymore. This trade name will belong to you until you change or cancel the DBA or you close the business.

How to change a NY State DBA?

After filing a DBA in New York, you will be able to conduct under the said name. Now, if in the near future, you want to change or alter the fictitious name then, are there any ways you can do it? Yes, it is possible. You will be required to file a Certificate of Amendment for the assumed name certificate in New York. The filing of the Certificate of Amendment is governed by Section 130 of NY General Business Law. There will be a filing fee of $25 for this amendment and you can even expedite this process by paying an additional fee.

How to cancel NYS DBA?

Once you get a DBA in New York, is there any way to cancel the assumed name? There could be a plethora of reasons why a business or a business owner would want to dissolve or cancel their fictitious or trade name. If at any given point in time, you want to withdraw your DBA then it is definitely possible. There is a process for the same and it will require you to submit a Certificate of Discontinuance of Assumed Name. You will have to submit this certificate with the New York Department of State, Division of corporations along with a $25 filing fee. If your filing a DBA in New York was with the county then you will need to contact the said county clerk for instructions related to withdrawing the New York DBA.

Need Any Assistance in Filing New York DBA?

The process to apply for a New York DBA online may require you to provide accurate information while ensuring there is no trademark infringement. If applying for a DBA or conducting a search to get a DBA in New York seems like an intricate process then IncParadise will gladly assist you with the process. We have expertise and knowledge regarding the New York General Business Laws and can help you to get your New York DBA.

We can also provide additional services that will ensure your other business requirements are fulfilled like getting a tax id, S corporation status, New York Certificate of Good Standing, and dissolutions among others.