How to Get a New York DBA Name

Occasionally, the business you want to promote doesn’t align with the legally registered name when you first opened. Brand name recognition is imperative to growing a business, and the name of your business should fit its function. Filing a New York DBA allows you to create your own brand with a fictitious name, enhancing your recognizability and growing your customer base.

DBA in New York: Key Takeaways

• You can file for a DBA in New York to operate under a fictitious name that communicates your identity to your customers.

• A New York DBA allows you to use bank accounts and other official business under that name.

• If you have a business ready to branch out into other services or geographical areas, a DBA in New York can help your business name be specialized so that the new sector you’re branching into isn’t confused with the old business name.

What Is a DBA?

DBA is an acronym that stands for “doing business as.” It’s like an alias for a business. A DBA can be a way to take your business or a part of it and give it an identity separate from its legally registered name. Also called fictitious or assumed names, DBAs help bring attention to your business when its legal name might confuse your customers.

New York DBAs are helpful when:

• You want to separate some of your business activities from your company name because it’s the same as your personal name.

• You want to begin a new type of business, but the new business venture doesn’t relate to your original business and needs separate branding.

• A part of your business needs a different bank account.

• You want to expand into a new area, but your original business name doesn’t express its regional interests.

Brand identity is essential to attract business. Having a name that makes your business easily recognizable to potential customers is necessary.

What a DBA Is Not

A DBA is not a business structure. While a business structure provides legal protection and business obligations, a DBA is simply a registered assumed name for your already operational business. It doesn’t provide any additional legal protection from the general protection granted by your business structure, so it won’t automatically protect your personal assets if you’re running a sole proprietorship.

When to File a DBA

For example, Bessie opened a company called Bessie’s Beeswax Candles but later decided to get into the lip balm business. Bessie doesn’t want to confuse her customers with a lip balm label that communicates it’s a beeswax candle. Bessie could file a DBA called “Bessie’s Beeswax Lip Balm” to make more sense to her customers. It’s an alias to operate under, not a separate business structure.

Another reason why many business owners file a DBA is because, as a sole proprietor, an owner’s business name and personal name are the same. Filing a DBA as “Kate’s Cakes” means more to your customers and business branding than selling baked goods as “Kate Smith.” DBAs are helpful in both kinds of situations.

Instructions for filing a DBA depend on your business structure. We will walk through the steps for the most common business types.

How to File a DBA in New York

If your small business would benefit from filing a New York DBA, the process is relatively inexpensive and easy to complete. DBA paperwork is more straightforward and faster to process than filing for a business structure like an LLC. You can typically complete a New York DBA in a matter of days.

There are generally three main steps:

• Ensure the name is available.

• File the required documentation with the county clerk’s office.

• Publish the new name in a paper (this is optional in some states).

Step 1 — New York Assumed Name or DBA Name Search

Begin the process by completing a DBA name search. One of the primary benefits to a business owner of filing a DBA is brand recognizability. If the DBA you are considering is already taken, it’s crucial to choose a different DBA to keep your business activities clear and identifiable.[1]

Find a free search tool, like our free business name search tool, and verify that your desired DBA is unique. In most states, two businesses cannot have the same DBA. If you plan to file for multiple DBAs, check them all for originality. 

Some certain words and phrases are prohibited for fictitious names:

• Corporation

• Limited liability company

• Terms that would confuse your business with a government agency, such as “FBI”

Verify your state requirements for your company’s fictitious name. The NY naming guidelines can be a helpful tool when choosing your business’ assumed name. 

Filing a DBA does not automatically trademark the name. Check the Trademark Database to see if your chosen name has been trademarked by someone else. Then, you can pursue a trademark for your name if you desire.

If you are a sole proprietor or a general partnership, the next step to finding a DBA service to file a New York DBA is with the county clerk.

Step 2 — File a New York DBA With the County Clerk (Sole Proprietor)

As a sole proprietor, your New York DBA must be filed at the country clerk’s office in any county where your business will operate. Use the New York Association of Counties database to contact your New York county to get their specific instructions for filing in that county.

For instance, filing in Manhattan County looks like this:

1. Search the assumed name records in the New York County courthouse basement at 60 Centre Street in Manhattan to ensure your assumed name is original.

2. Purchase the appropriate DBA forms in the courthouse or a legal stationery store. You can also find the forms for purchase online.

• X-74 Business Certificate form for Partnerships

• X-201 Business Certificate form for Sole Proprietorships

3. Submit the forms in person at this mailing address:

• 60 Centre Street

• Room 161

• New York, New York 10007

4. The fee to submit is $100, plus an additional $10 for every certified copy. You will need at least one copy to display at your place of business.

• Cash, Visa credit card, MasterCard, and American Express are accepted payment forms.

• No checks are accepted, personal or business.

While you can perform the DBA filing process independently, some businesses hire a professional service to deal with the legal filing details. If you’d rather allow a professional to handle the details, consult a New York DBA filing expert like us to complete the process for you.

Step 3 — File a Fictitious Business Name (FBN) Statement (LLC, LLP, or Incorporated Business)

The instructions to file a New York DBA differ if your business is already incorporated with an official business structure. Instead of filing with the county clerk’s office, you must file with the New York Department of State. Follow these instructions to file a DBA in New York as an LLC, LLP, or corporation.[2]

This applies to businesses that are considered incorporated, such as:

• Professional associations and corporations

• Limited liability companies (LLCs)

• Limited partnerships and limited liability partnerships (LLPs)

• For-profit corporations

• Non-profit corporations

• Foreign filing entities

A Certificate of Assumed Name form is the form that you need to file for a New York DBA if your business is incorporated.

Filing a fictitious business name with the county clerk-recorder ensures that the real name and address of the business owners are on file. Like most other states, New York requires that incorporated business owners complete this registration process. An FBN Statement prevents business owners from hiding anonymously behind an untraceable business name.

1. Download a blank Certificate of Assumed Name from the New York government website.

2. Fill the certificate out either digitally or in printed black ink. The website has extensive information on what each section requires from business owners.

3. The Department of State fee for filing is $25 plus associated county fees:

• $100 for each county within New York City

• $25 for any county outside New York City

• $1,950 to file in all counties of New York State (includes Department of State fee)

• To research counties, use the New York Association of Counties database

4. General Business Law requires the business to display a certified copy of its filing where the company operates. Order a copy when filing for $10 by including a written request for the document.

Next, file the DBA via mail or deliver the appropriate forms and fees to the mailing address:

• New York State Department of State

• Division of Corporations

• One Commerce Plaza

• 99 Washington Avenue

• Albany, NY 12231

The certificate is valid once the paperwork is filed. To ensure a speedy filing, the Division of Corporations offers expedition options for additional fees according to the following pricing:

• $150 to process the filing within 2 hours

• $75 to process the same day

• $25 to process within 24 hours

You’ll pay these fees separately with a written request for expedited processing. If you’re mailing the paperwork, please write “Expedited Handling” on the envelope.

While you can perform the DBA filing process independently, some businesses hire a professional service to deal with the legal filing details. If you’d rather allow a professional to handle your New York DBA filing, consult an expert like us to complete the process for you.

Step 4 — Follow Up

Once you’ve officially filed your DBA, you can post the certificate in your place of business, and you’re ready to go. There are no requirements for an annual renewal of a New York DBA. You can keep that name unless you file a Certificate of Discontinuance.

Step 5 — Publish Your New York DBA Name

While publishing is not a requirement of the NY Department of State, it is an option if you want your name officially published.[3]

New York DBA Name Restrictions

For more information on New York DBA restrictions and guidelines, we will delve into the specifics of a DBA and its name requirements.

DBAs Do Not Give Trademark Protection

Although New York will not allow two companies to operate under the same name, a DBA doesn’t ensure the same protection as a trademark. You must follow the New York trademark process if you need trademark protection.

DBA Naming Guidelines

Choosing a name for a DBA in New York can be tricky. Once you understand the naming guidelines as outlined by the NY naming guidelines database, it’s easier to choose the perfect DBA name for your business.[4]

Consult the NY naming guidelines page for a complete list of guidelines. Here is a general explanation of New York’s limitations on a DBA name. The following words and phrases are restricted from business names:

• Words that confuse a business with a government entity: academy, college, preschool, university, FBI, etc.

• Terms that are protected: Olympic, United Nations, Paralympic, etc.

• Words with specific definitions must be approved and used in a particular manner: attorney, doctor, library, museum, union, etc.

While some words are restricted, some are prohibited altogether. The guidelines are clear and easy to understand and can help you choose a New York DBA name.

DBA New York Tax Considerations

Filing a “Doing business as” in New York does not affect your tax preparations or filings. After filing a New York DBA, you will be subject to the same tax regulations you were before. This is another way a DBA is distinguished from a business entity with an official business structure.

Why Should You Get a DBA?

The perks of filing a DBA are plentiful:

• Filing a New York DBA is a quick, inexpensive way to boost your business.

• A DBA allows you to operate under a name chosen specifically to enhance brand identity.

• DBAs do not limit your business; you can file as many as your business needs.

• Assumed names allow your business entities to access business bank accounts, branding opportunities, and customer reach.

• A DBA allows your sole proprietorship to operate under a unique brand name instead of your personal name.

• You can open a personal business under your name and tailor each business venture to its own audience with a DBA.

FAQs

What’s the difference between an LLC and a DBA?

While an LLC is a formal business structure, a DBA is not. An LLC provides more legal protection but is more labor-intensive to set up.

How much does getting a DBA cost?

As a sole proprietor, a DBA will cost $100 to file with the county clerk, plus $10 for each certified copy you want of the DBA.

As an LLC or incorporation, the state filing fee is $25 plus associated county fees:

• $100 for each county within New York City

• $25 for any county outside New York City

• $1,950 to file in all counties of New York State (includes Department of State fee)

Do I need a DBA for my New York business?

You must file a New York DBA if you want to operate a business under an assumed name separate from your legally registered name.

What’s the difference between a trade name, an assumed name, and a DBA name?

A trade name is used in advertising or for trade purposes. An assumed name and a DBA (“Doing Business As”) name are registered names with the county or state to allow a new business to operate under a different name than their legal registered name.

How long does a DBA last?

A DBA lasts until you file a Certificate of Discontinuance.

Is there a limit to the number of DBA names I can have?

No, you can file as many different DBA names as you want to.

Is DBA the same as a trademark?

No, while no two DBAs can have the same name in most states, a DBA does not offer the same name protection as a trademark.

Does DBA affect my business’s tax status?

No, filing a New York DBA does not affect the taxes for your business.

Bibliography

1. New York Department of State. “Certificate of the Assumed Name for Domestic Corporations.” Accessed August 31, 2023.

2. New York Department of State. “Instructions for Completing the Certificate of Assumed Name.” Accessed August 31, 2023.

3. New York Chamber of Commerce. “How to File a DBA in New York.” Accessed September 4, 2023

4. New York Department of State. “Restricted Words and Phrases.pdf.” Accessed August 31, 2023.