Filing a New York DBA
In the state of New York, depending on the structure of the DBA (whether you own it, or whether a company owns it), you’ll file either at the state or the county level (but not both). Filing instructions on both the New York Secretary of State and some of the County Clerk’s office’s websites are sometimes confusing, so we’ve broken down the process so that you can be sure to pay the right amount and request the right things on the first try.
Corporations, LLC, and Limited Partnerships
Where To File
If you’re an incorporated partnership (such as an LP), a corporation, an LLC, or any other type of incorporated entity, you’ll file your NY DBA at the state level. This is because your corporate records (also filed at the state level) will be tied to, and thus affected by, the filing. At the state level, this document is called a Certificate of Assumed Name.
Filing Fees
For an incorporated entity, the filing fee is split up into two parts. The statutory fee, $25, is added to the county fee, which is $100 if your Assumed Name will be operated in one of the boroughs of New York (New York, Queens, Kings, Bronx, and Richmond Counties) and $25 if you’re operating in one of the remaining counties. Therefore, an NYC DBA, for example, would cost $125—while the fee for a DBA located in Albany would be $50. Expedited filing options are also available for an additional fee.
Information To Provide
In your Certificate of Assumed Name, you’ll need to provide some basic information about your existing business. You’ll provide the physical address and the name of your corporation or LLC. (Especially because the New York DBA form does not ask for the entity’s filing or registration number, it is important that the name is laid out exactly as it appears in the formation documents; if the name you provide doesn’t line up with a name in the New York Division of Corporations’ database, the application will be rejected.) You’ll also need to declare which law your entity was formed under (Limited Liability law, Corporation law, etc.). Then, you’ll be asked about your DBA: what county it is located in, what the assumed name will be, and the address of the location. The documents will need to be signed by either an officer/member of the corporation/LLC or by an authorized representative of the entity.
What You Get
That base fee, either $50 or $125, covers only the filing itself and the return of the filing receipt to you. There are additional options for plain or certified copies of the Certificate of Assumed Name, which are $5 or $10 each. Check with your bank and other institutions with which you intend to register to make sure that your copies address their requirements.
Individuals and Unincorporated Partnerships
Where To File
Individuals or unincorporated partnerships wishing to file a DBA in NY will file at the county level—the county in which the business will be physically located. In New York, this county-level document is usually called a Business Certificate. Some counties provide their own forms, while others will direct you to a legal stationary store to find your own.
Filing Fees
The filing fee varies depending on your county. The highest filing fees are found in the boroughs of New York—$120—while the filing fees may be as low as $35 in some places.
Information To Provide
You’ll fill out either the Individual or the Partnership Business Certificate, both of which ask for your name(s), your address(es), the DBA name, and the DBA location. All signatures on this form must be notarized before filing.
What You Get
In many places, the filing fee of either $120 or $35 (the most typical filing fees) includes two certified copies returned to you. In other places, that fee is broken up into the filing fee and the return of the certified copy; for instance, the official filing fee in some counties is $25, and certified copies are an additional $5 each. It’s best to determine what types of documentation you’ll need, and then to contact the County Clerk’s office to verify which filed documents, if any, you will receive upon filing.