In New York, a “Doing Business As” (DBA) is officially referred to as an “assumed name” or “trade name.” Registering an assumed name allows a business to operate under a name different from its legal name. This can be beneficial for branding purposes or when expanding into new business areas.
For example, if you have an LLC called “Empire State Enterprises LLC” that you use for your general contracting business, but you want to start a separate home renovation service, you could register an assumed name like “Manhattan Home Makeovers” without forming a new LLC.
Filing for an assumed name provides business owners with flexibility in branding without the need to create separate legal entities for each business venture.
Note that while an assumed name allows you to do business under a different name, it doesn’t provide the legal protections that come with forming an LLC or corporation.
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Do You Need a New York DBA for Your Business Entity?
Before proceeding with the steps to get a DBA in New York, determine if it’s necessary for your business type:
Sole Proprietors and Partnerships: If you’re operating under a name other than your legal name, you need to register an assumed name. For example, if John Smith wants to operate as “Brooklyn Auto Repair,” he needs to register this as an assumed name.
LLCs and Corporations: If these entities want to do business under a name different from their registered name, they need an assumed name. For instance, if “Empire State Enterprises LLC” wants to operate as “Manhattan Home Makeovers,” they would need to register this assumed name.
How to Get a DBA in New York
Follow these steps to get a DBA in New York:
- Search the New York Department of State’s database to ensure your desired name is available.
- Check if your DBA is available as a domain name (optional).
- File your assumed name registration.
- Pay the filing fee.
Step 1: Do a DBA Search in New York
Your assumed name must be unique and comply with New York’s business name requirements. To check availability, use the New York Department of State’s Corporation and Business Entity Database:
https://www.dos.ny.gov/corps/bus_entity_search.html
Ensure your chosen name isn’t already in use and meets state requirements.
Step 2: Check if your name is available as a web domain
While not legally required, it’s wise to check if your assumed name is available as a domain name for your future website. You can check domain availability at: godaddy.com/domains
Tips for choosing a domain:
- Aim for a .com domain if possible
- Avoid using hyphens between words
- Sometimes a quirky word (“guru”, “school” or “base”) makes for a good brand/domain.
Step 3: Register your New York DBA
In New York, the process for registering an assumed name differs depending on your business structure:
For Sole Proprietors and Partnerships: File a Business Certificate with the county clerk’s office in each county where you’ll be doing business.
For Corporations and LLCs: File a Certificate of Assumed Name with the New York Department of State. You can do this online or by mail:
https://www.dos.ny.gov/corps/assdnmins.html
You’ll need to provide the following information:
- Your desired assumed name
- Your business’s legal name and address
- A brief description of the nature of your business
- The names and addresses of the business owners
Step 4: Pay the filing fee
For Corporations and LLCs, the filing fee for registering an assumed name with the New York Department of State is $25. For sole proprietors and partnerships, fees vary by county but are typically around $100.
New York assumed name registrations do not expire, but you must file an amendment if any information changes.
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After You Get a DBA For Your Limited Liability Company or Other Entity
Once you’ve secured your assumed name, consider these next steps:
• Create a website: Establish an online presence for your business to reach more customers.
• Set up a business bank account: Keep your personal and business finances separate. We recommend Mercury Bank for online banking, but traditional banks are also an option.
• Obtain necessary licenses and permits: Ensure you have all required licenses and permits to operate legally in New York.
• Consider business insurance: Protect your business with appropriate insurance coverage.
By following these steps, you’ll have successfully registered your assumed name (DBA) in New York and be well on your way to operating your business under your chosen name.
