NY Business Certificates - Know Your "Doing Business As" Responsibilities

D.B.A. or "Doing Business As" is not only a cool bar in the East Village, it also refers to individuals (sole proprietorships), 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.)

When you do business under a name different from your real name, you have to file a business certificate either with the county clerk of your county or with the Secretary of State in Albany.     Here are the rules:

1. For Individuals and Partnerships

If you conduct business under an assumed name as an individual (sole proprietor) 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 in the basement at 60 Centre Street.  The necessary form can be purchased at the little coffee shop on the first floor next to the security lines at the entrance.  The filing fee is $150.  For more information see here. 

If you have more than one business under assumed names, you can file more than one business certificate.

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.

[Post updated February 2011]

p.s. photo by Beau Wade

Comments

[ray ban aviators]

What if you have a New York S corp doing business online under a different name?

[justin]

Hi,

Can I file for more than one DBA if I am sole proprietor?

[Max]

I am interested in the answer to Lynn's question.

I am also planning on selling local services and online products. And I have considered a dba for those products.

It would seem like overkill to have to file in all those different counties...but I wouldn't put that sort of this past NY.

[ChristiSerrano20]

Different people in every country receive the personal loans in various banks, because it's easy.

[cheap dress clothes]

Developed from the particular limp satchel that utilized in the particular fourteen century for carrying dollars and other beneficial items, briefcase has grow to be an inevitable Cheap Watches For Sale item, which is widely utilized in modern day time.http://www.bagsbeauty.com

[Bail bondsman Las Vegas]

you have highlighted some really valuable points..thanx

[Experience the Big Apple]

Great article -- but the link is broken where you write "For more information, including a pdf form with instructions, see here."
It says they moved their website, but I don't know which form you were linking to? Thanks!

[Long Island Landscaping]

What do small business owners have to do?

[Lynn]

I have the same question. We are starting an internet business in NYS where we will be selling both digital info and tangible products. We will be selling our products under the name (DBA) of our URL, and not our S-corporation entity name.

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? Or just in the county where your business is located and has a physical presence (address)?

We plan to sell our products statewide (as well as nationwide).