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Doing business as, commonly referred to as a DBA, is a great way to protect your small business interests. Mainly, a DBA will help your small business develop in a way that protects both your business name and legal name.
Starting a DBA in New York is quick and easy and will only take a few steps. Use this blog as your guide to setting up your DBA in the state of New York.
What is a DBA?
A DBA is also known as an assumed name, fictitious name, or trade name.
Although a DBA won’t provide your business with legal protection, it will allow you to operate using a different name from your business name or legal name. When setting up a business, many states require the business owner to have a DBA, and some business entities require a DBA.
How is a DBA in New York different from other states?
A DBA in New York state can differ from other states with the forms you’ll use. Depending on your business entity, you’ll need to work with a County Clerk or the Department of State.
New York has two ways of classifying a DBA, depending on the business entity. You may see the terms assumed name certificate, DBA certificate, or business certificate.
In New York, assumed name certificates and business certificates have the same meaning, but your business entity will determine whether you need an assumed name certificate or a business certificate.
General Partnerships and Sole Proprietorships
If you want to form a general partnership in the state of New York, you’ll file your DBA name using an Assumed Name Certificate. You’ll do this with the county clerk where your business will operate.
If you want to form a sole proprietorship in the state of New York, you’ll file your DBA name using an Assumed Name Certificate as well. However, you’ll file this with the county clerk only if you’ll operate your sole proprietorship under a different name than the sole proprietor.
Corporations and LLCs
In New York, corporations (S corporation and C corporation) and LLCs will work with the Department of State for their Assumed Name Certificates. The Department of State can forward copies to counties within New York by request.
How to start a DBA in New York
You can start a DBA in New York with these four easy steps.
Step 1: Assumed Name Search
The first step of starting your DBA in New York is to do an assumed name search to ensure you can use your business or LLC name without issue.
Finding a unique brand name and a usable domain to go with it can be a bit of a time-sink for new business owners. This free tool from Business Name Zone generates name and domain combos for you based on your input – and it only takes a few minutes.
There are a few rules for assumed names for businesses in the state of New York. You won’t be able to use the following words in your assumed name:
You also won’t be able to use abbreviations for these words as you find and use your assumed name. Other naming rules you should know:
Step 2: File DBA with County Clerk
Second, you’ll file your DBA with the county clerk. This is applicable only for general partnerships and sole proprietorships. Corporations and LLCs will file with the Department of State.
Step 3: File Form X-74 or X-201
Third, you’ll file either Form X-74 or Form X-201, based on your business entity. The county won’t provide these forms, so you’ll need to purchase them.
If your business is a partnership, you’ll file using Form X-74, Business Certificate form for Partnerships. If your business is a sole proprietorship, you’ll file using Form X-201, Business Certificate form for Sole Proprietorships.
Step 4: Submit Business Certificate or Certificate of Assumed Name
Finally, you’ll submit your business certificate (to the county clerk) or certificate of assumed name. After filing your Certificate of Assumed Name, you’ll receive an official filing receipt. It will contain the following:
The receipt will serve as proof of your filing, which is important because the Department of State won’t issue duplicates.
How long does it take to file for a DBA in New York?
You can pay for expedited processing if you want to receive your Certificate of Assumed Name faster. Depending on how quickly you’d like your documents, you’ll pay an additional:
How much does it cost to start a DBA in New York?
There are fees you'll pay to obtain your Certificate of Assumed Name:
If you want a certified copy of your business, you’ll pay a $10 fee.
Does a business certificate expire in New York?
When you receive a business certificate in New York, one of the first questions you may have is about when it may expire. Your business certificate won’t ever expire in New York.
Start Your DBA in New York By Working with the Experts
Establishing your DBA in New York is exciting but can also be overwhelming, especially if you're just starting out. That's why so many New York owners and entrepreneurs use 1-800Accountant, America's leading virtual accounting firm for small businesses, for their DBA needs.
Whether it's small business taxes, tax advisory, or any of our professional accounting services, we have the solution you need at a price that works for you. Schedule a quick consultation – usually 30 minutes or less – to learn how we can help.
This post is to be used for informational purposes only and does not constitute legal, business, or tax advice. Each person should consult his or her own attorney, business advisor, or tax advisor with respect to matters referenced in this post. 1-800Accountant assumes no liability for actions taken in reliance upon the information contained herein.