If you’re planning to start a business in New York using a specific name, you may need to register for a business name. Business name registration is commonly referred to as a New York DBA or “Doing Business As,” but is officially called an Assumed Name.
To see if you need to register for a New York Assumed Name and steps on how to register, check out our guide.
Related: How to start a business in New York
Who needs to register for a New York Assumed Name?
The requirements and need to register for an Assumed Name in New York vary depending on the type of business structure.
Sole proprietorships and general partnerships are the most common business structures to register for a New York DBA. By default, the name of a sole proprietorship and general partnership is the owner(s) legal name, but if the small business owner wants to operate under a specific name, they will need to complete the Assumed Name registration.
For example, if Bob Smith starts a personal training business but doesn’t use a specific business name, he doesn’t have to register. However, if Bob decides to name his business Bob’s Fitness, then he will need to register.
Related: How to start a sole proprietorship in New York
A corporation and Limited Liability Company won’t typically register for a New York DBA since a unique entity name is created during the entity formation process. However, some will want to register for a DBA if they have another business or brand name they want to operate in addition to the legal name of the business. This can allow multiple businesses to operate with the liability protection of a New York corporation or Limited Liability Company without having to form another entity.
Steps to Register New York Assumed Name
Sole Proprietorships & Partnerships
Step 1: Verify Name Availability
Before filing a DBA, county records need to be searched to be sure no other business in the county is using the same name. Most of the counties have an online database to quickly search through.
Step 2: Obtain the Assumed Name Form
A form has to be obtained from the County Clerk’s office in every county where the business will operate. Some have the form online, while others require the form to be picked up at the office.
Step 3: Fill out the Certificate of Assumed Name Form
Information requested on the form includes:
- Name and address of the owner
- Age certification
- Business address
- Mailing address
- Assumed name
Step 4: Notarize the Form
Before filing the form, it needs to be notarized. Most County Clerk’s offices have a notary available to notarize the document at no cost.
Step 5: Submit the Form
Submit the filing fee and form to the County Clerk.
Corporations & LLCs
Step 1: Verify Name Availability
Every corporation and LLC name registration must be different from the other names on record. To see if the name you want to use is available, do a New York business name search on the New York Department of State’s Business Entity Database
Step 2: Fill out the Form
Download the Assumed Name form from the New York Department of State Division of Corporations, State Records and Uniform Commercial Code’s website
Information requested on the form includes:
- Legal name registered with the Department of State
- Type of business entity
- Assumed name
- Mailing address
- Principal place of business (A post office box isn’t allowed)
- Counties where the business operates
- Name of signer
- Capacity of signer (officer, partner, member, manager)
Step 3: Submit the Certificate of Assumed Name Form
The Assumed Name form can be submitted in person or by mail:
New York Department of State
Division of Corporations
One Commerce Plaza
99 Washington Avenue
Albany, NY 12231-0001
The form can also be sent by fax to: 518-474-1418.
New York DBA FAQs
Are there any naming restrictions when filing a New York DBA?
In addition to having a unique name, DBAs can’t be registered using words that are related to banking or too close to other names on record.
How much does an Assumed Name cost in New York?
Sole Proprietorships & Partnerships:
The filing fee for the Assumed Name Certificate varies by county, but the filing fee varies between $25 and $35.
Corporations & LLCs:
$25 for LLCs and limited partnerships. Corporation filing fees are $25 + $100 for each county within New York City (Bronx, Kings, New York, Queens, and Richmond Counties) and $25 for each county outside of New York City.
How long does a DBA last in New York State?
There are no renewal requirements for DBAs in New York.
Does an Assumed Name need an EIN?
An EIN or Employer Identification Number (sometimes informally referred to as a business tax ID number) is a unique nine-digit number that some businesses will register for through the Internal Revenue Department (IRS). An EIN is required for partnerships, corporations, multi-member LLCs, or any business that has employees.
Sole proprietorships and single-member LLCs without employees can use the owner’s social security number to identify the business.
There is no cost to get an EIN when registering directly from the IRS.
What is the difference between a New York Assumed Name and a business license?
These are actually two different business registrations. In addition to the New York Trade Name registration, most businesses will also need a business license. The licenses a business will need vary depending on what the business does and local registration requirements.