D.B.A. or "Doing Business As" is not only a cool bar in the East Village, it also refers to individuals, partnerships, corporations and other entities that do business under a name different from their real name. For example, Joe Smith operates a computer service business under the name "Computer Geeks to the Rescue," (fictional example) and Town Sports International, LLC operates a popular gym under the name "New York Sports Club" (real life example.)
Can you just do D.B.A. when the mood strikes you? Generally, yes, if you comply with the rules. There are two sets of rules and requirements:
1. For Individuals and Partnerships
If you conduct business under an assumed name as an individual or partnership, you must file a "certificate of assumed name" or "business certificate" in the county in which you conduct business. Such certificate basically has to set forth the real name and the address of your business and certain other information ( New York General Business Law Section 130(1)(a) .)
In New York County, you have to file your business certificate with the County Clerk at 60 Centre Street. The filing fee is $100. For more information see here.
2. For Corporations and other Entities
If you conduct business under an assumed name as a corporation, limited liability company or limited partnership, you also must file a business certificate (New York General Business Law Section 130(1)(b).)
This time, however, you have to file the certificate with the Secretary of State. The filing fee is $25. However, for corporations it can become expensive. They collect an extra $100 for each county within New York in which the corporation does business and an extra $25 for each county outside of New York City, with a maximum fee of $1,950.
For more information, including a pdf form with instructions, see here.
p.s. photo by Beau Wade
Thanks for sharing this info article with us....Good job.
Posted by: Computer Support Services | August 04, 2009 at 03:11 AM
Its amasing how even my Harvard Law buddies don't know how to do this ...! I've been opening and closing DBAs and EINs for years - while doing legitmate business! Good luck all u rookies! ;)
Posted by: Dubai Boy! | May 19, 2009 at 06:28 PM
Good post....
Posted by: Apostille | May 04, 2009 at 04:05 PM
I am an individual who will be using an assumed name for my company. I am located in NYC. The forms all ask for "Entity" and "Assumed Name". Please clarify. Am I (Individual) the Entity? and my companies name the "assumed name"?
Thank you
Posted by: Rachel Cook | February 26, 2009 at 10:58 AM
Why file anything? There is no punishment or even an agency specified to complain to in the law.
Posted by: why | February 19, 2009 at 10:21 AM
I'm not sure but I may have read on one of these legal sites that you would have to go through an additional publication process for each D.B.A. you file, consequently incurring an addition $1k+ fee for each one. Is this true?
Posted by: Keith | August 26, 2008 at 01:16 AM
the bus. cert. filing fee is $100 but you pay $10 for certified copies and usually you get 2, one for the bank to open a bank acct. and the other for you to keep for your records, that why you usually pay $120
Posted by: Angela | July 02, 2008 at 12:18 PM
What if you have a New York S corp doing business online under a different name? Do you still have to file a DBA for all the New York counties?
Posted by: Logan Susnick | February 29, 2008 at 07:38 AM
currently the appl. fee for business cert. is $120.00, not $100.00.
Posted by: todd martin | February 11, 2008 at 11:43 PM