How to File a DBA in New York

Image of a man looking up how to file a D B A in New York

Registering a New York DBA, also known as an assumed name, is a simple process and it’s done at the county level or with the New York Department of State depending on your business structure.

To learn more about why you may need a DBA read our What is a DBA article.

How To Use This Guide

First, Choose Your Business Type:

Sole Proprietorship or Partnership

A sole proprietorship is a business owned by a single individual that isn't formally organized.

LLC, Corporation, or LLP

If your business is an LLC, Corporation, or LLP, the information to set-up your DBA can be found here.

Use A Professional Service

A professional service will handle filing your DBA on your behalf, allowing you to focus on the other needs of your business.

4.4 out of 5 starsLegalZoom ($99 + state fee) for the most popular DBA filing service.

 

4.6 out of 5 stars MyCompanyWorks ($99 + state fee) for a personalized DBA service.

Registering a DBA for New York Sole Proprietors and General Partnerships

Sole proprietors and partnerships are required to file their DBA with the County Clerk where their business is located. Estates and real estate investment companies are also required to file with the county.

sole proprietorship is a business owned by a single individual that isn't formally organized. If you run a business and file taxes under your own name, you are a sole proprietor.

DBA doesn't offer any protection for your personal assets in the event that your business is sued. For more information on setting up a limited liability company, visit our How to Form an LLC page and select your state.


SKIP AHEAD

If you need to create a DBA for an LLC or Corporation, you can click here to skip ahead.


Step 1) Start With a DBA Name Search

Publish a Notice for your D B A

If you haven't already, head over to the New York Department of State website to make sure your name isn't taken by— or too similar to— another registered New York business.

Make sure your name complies with New York naming rules:

  • Your name cannot include words that could confuse your business with a government agency (FBI, Treasury, State Department, etc.)
  • Restricted words (e.g. Bank, Attorney, University) may require additional paperwork and a licensed individual, such as a doctor or lawyer, to be part of your business.
  • Learn more about NY naming guidelines here.

Next, a quick search on the U.S. Trademark Electronic Search System will tell you whether someone else has already trademarked your name.

Now would be the perfect time to make sure there’s a web domain available for your DBA as well.

Find a Domain Now

Service provided by GoDaddy.com

After registering a domain name, consider setting up a professional email account (@yourcompany.com). Google's G Suite offers a business email service that comes with other useful tools, including word processing, spreadsheets, and more. Try it for free

Step 2) Register Your DBA with the County Clerk

“Register

If your business is a sole proprietorship or partnership, then you are required to file a business certificate with the appropriate county clerk’s office(s).

Knowing which county to file in is simple: you must file in any county where your business conducts or transacts business.

In New York State, all partnerships must file a “Business Certificate for Partnerships” with the appropriate county clerk’s office(s).


We will give you step-by-step directions to get a New York County DBA. If you need to file in a different county than New York County, you’ll have to get in touch with the county clerk for instructions.

You can find your counties' contact information here.

DBA does not offer any protection for your personal assets in the event that your business is sued. For more information on setting up a limited liability company, visit our How to Form an LLC page and select your state.

 

How to File a New York County DBA

At this point, you should’ve already chosen a name for your business and completed the name searches in Step 1 above.

New York County suggests searching their assumed name records before you start the DBA filing process. Those records can be found at the New York County courthouse basement at 60 Centre Street in Manhattan.

Forms

  • X-74 Business Certificate for Partnerships
  • X-201 Business Certificate for Sole Proprietorships

The county does not provide these forms. Business owners are advised to purchase them at the courthouse candy shop/newsstand at 60 Centre Street in Manhatten or at a legal stationery store. The forms are also available online for a fee.


Submit Your Business Certificate

Walk-In Only

60 Centre Street
Room 161
New York, New York 10007

Payment

  • $100, certified copies are an additional $10
  • The County Clerk accepts cash, or Visa, MasterCard, or American Express.
  • No personal or company checks are accepted.

Manage Your NY County DBA

DBA Questions

Call (646) 386-5955 for general questions about business certificates, assumed names, and DBAs.

Renew Your DBA

Your business certificate does not expire.

Change Your DBA

To make changes to your business certificate, visit the County Clerk’s office to complete an amendment form. The New York County Clerk will supply the form and the fee to file is $121. Before heading to the County Clerk’s office, call (646) 386-5955 to confirm the process for the type of change needed.

Withdraw Your DBA

File the Certificate of Discontinuance of Assumed Name Form with the New York County Clerk. For directions on how to get this form, call the county clerk at (646) 386-5955.

Registering a DBA for New York LLCs, Corporations, and LLPs

Incorporated businesses must file their DBA with the New York Department of State. The following business types are considered incorporated:

  • For-profit Corporations, Non-Profit Corporations
  • Professional Corporations, Professional Associations
  • Limited Partnerships, Limited Liability Partnerships
  • Limited Liability Companies
  • Any Foreign Filing Entities

If you are registering an unincorporated business, like a sole proprietorship or partnershipskip ahead to the DBA guide for unincorporated businesses below.

Step 1) Start With a DBA Name Search

“Start

If you haven't already, head over to the New York Department of State website to make sure your name isn't taken by— or too similar to— another registered New York business.

Make sure your name complies with New York naming rules:

  • Your name cannot include words that could confuse your business with a government agency (FBI, Treasury, State Department, etc.)
  • Restricted words (e.g. Bank, Attorney, University) may require additional paperwork and a licensed individual, such as a doctor or lawyer, to be part of your business.
  • Learn more about NY naming guidelines here.

Next, a quick search on the U.S. Trademark Electronic Search System will tell you whether someone else has already trademarked your name.

Now would be the perfect time to make sure there’s a web domain available for your DBA as well.

Find a Domain Now

Service provided by GoDaddy.com

After registering a domain name, consider setting up a professional email account (@yourcompany.com). Google's G Suite offers a business email service that comes with other useful tools, including word processing, spreadsheets, and more. Try it for free

Step 2) Register Your DBA with the State

“Register

If your business is incorporated, you are required to file your DBA with the New York Department of State.

First, print a copy of the certificate of assumed name form. The application will ask for your new DBA name and information about your business, such as:

  • Line 2: Your business entity type, ie. corporation, LLC, a general partnership.
  • Line 4: Number and street of your principal New York business location or out of state address for foreign entities
  • Line 5: Select all counties where you do business or intend to do business
  • Line 6: Number and street of all of your New York business locations where you transact business.

DBA does not offer any protection for your personal assets in the event that your business is sued. For more information on setting up a limited liability company, visit our How to Form an LLC page and select your state.

Submit Your Certificate of Assumed Name Form

Walk-In

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

Mail

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

Fax

(518) 474-1418

Include the Credit Card/Debit Card Authorization Form and your written request for a certified copy, if required.

Payment and Fees

Fees

  • $25 for the Certificate of Assumed Name
  • $10 Certified Copy of Certificate of Assumed Name
  • $150 2-hour processing, $75 Same day, $25 within 24 hours

Additional Fees For Corporations Only

  • $100 for each county where the business is or will be conducted within New York City (Bronx, Kings, New York, Queens, and Richmond Counties)
  • $25 for each county where the business is or will be conducted outside New York City
  • $1,950 to include every New York State county and the Certificate of Assumed Name combined

Payment

Fees must be paid by cash, check, money order, MasterCard, Visa or American Express. Checks and money orders should be made payable to the “Department of State.”

When using a credit card by mail or fax, you must complete and sign the Credit Card/Debit Card Authorization Form and submit it to the Division of Corporations with your Certificate of Assumed Name.

Do not send cash through the mail and all checks over $500 must be certified.

Manage Your NY State DBA

DBA Questions 

Call the New York Department of State: (518) 473-2492

Renew Your DBA with the State

Your certificate of assumed name does not expire. 

Change Your DBA

To make changes to your certificate of assumed name, you must complete and submit the Certificate of Amendment of Certificate of Assumed Name form.

Withdraw Your DBA

You can find the Certificate of Discontinuance of Assumed Name form here.

FAQ

Can I file a DBA online in New York?

You cannot file a DBA online in New York at this time.

How Do I Change My DBA in New York?

To make changes to your certificate of assumed name, you must complete and submit the Certificate of Amendment of Certificate of Assumed Name form.

For most changes, visit the County Clerk’s office to complete an amendment form and pay a filing fee. Contact your county clerk for county-specific instructions for changing your DBA at the county level.

How Can I Withdraw my DBA?

Contact your county clerk for county-specific instructions for withdrawing your DBA for your unincorporated business.

For incorporated businesses, you will need to file for discontinuance of your assumed name with the NY Department of State. You can find the Certificate of Discontinuance of Assumed Name form here.

How Often Should I Renew My New York DBA?

Your New York DBA doesn’t have to be renewed.

When is a DBA required in New York?

A DBA is required whenever a business is operating under a name other than its legal name. In the case of a sole proprietorship, you will need a DBA if you are operating under a name other than your own personal name. Partnerships in NY must always file a DBA in all counties where they transact business.

How Do I Transfer my DBA in New York?

Most transfers can be completed by filing an amendment to change the owner’s name.

How many DBAs can I have?

You can have as many DBAs as you can afford to create and are able to keep track of. However, more isn’t necessarily better. Each one will come with additional incremental expense and paperwork, so you will want to make sure you have a good reason for each one you have.

Can a DBA get an EIN or Tax ID?

DBAs aren’t required to have a separate EIN because DBAs aren’t a business entity. The business entity that the DBA is under would have an EIN if an EIN is required.

To learn more about EINs and when you would need one for your business, read What is An EIN from our friends at TRUiC.

Can a DBA become an LLC?

Your DBA is just a name. A DBA is often confused with a sole proprietorship. If you mean “can my sole proprietorship become an LLC?” then the answer is “Yes. Absolutely.”

To learn how to form an LLC, visit our Form an LLC state guides.

Can a DBA have "Inc." in the name?

A DBA can only have "Inc." in the name if the business entity the DBA is attached to is incorporated. Incorporated businesses include LLCs, corporations, and Limited Partnerships to name a few.

How do I set up a DBA for a rental property?

It’s always best to consult an attorney. Usually, the best option is to form an LLC to protect your personal assets in the event of an issue with the rental property. Holding the rental property in your name and with a DBA will not afford you any protection.


Is my DBA protected from being used in other places?

There are some state-level laws that prevent DBAs that are too similar to existing ones from being used, but this varies from state to state. It is possible to trademark a DBA, which would offer stronger protection across state lines.

Need Help Filing Your DBA?

Need Help filing your DBA?A professional service will handle filing your DBA on your behalf, allowing you to focus on the other needs of your business.