Filing A Dba In Ny For Llcs Corporations And Llps
Incorporated businesses must file their certificate of assumed name with the New York Department of State. The following business types are considered incorporated:
- For-profit Corporations, Non-Profit Corporations
- Limited Partnerships, Limited Liability Partnerships
- Limited Liability Companies
- Any Foreign Filing Entities
If you need to know how to file a NY DBA for a sole proprietorship or partnership, go back to those requirements.
Importance Of Filing A Dba
A proprietor in New York State cannot open a bank account with an assumed name unless he or she files a DBA with the state. Filing a DBA also enables the proprietor to file a lawsuit should any business use his or her registered Assumed Name. On top of that, a DBA name enables the business owner to legally engage in contracts, stationary, and advertising.
How To Get A Dba In New York
Filing a New York DBA , also known as an assumed name, is a simple process and its done at the county level or with the New York Department of State depending on your business structure.
A DBA won’t protect your personal assets. Forming an LLC is the best choice for most small businesses. Learn more in our DBA vs LLC guide.
Learn How to Get a DBA in New York yourself. Choose your business structure to get started:
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Instructions And Help About Dba Form Nyc
Naming your business is an important branding exercise but if you choose to name your business as anything other than your own personal name then you’ll need to register with the appropriate authorities this process is known as registering your doing business as our DBA, or it’s also known as a fictitious business name a DBA or a fictitious business name is a business name that is different from your personal name the name of your partners or the officially registered name of your LLC it’s important to note that when you form a business the legal name of the business defaults to the name of the person or entity that owns the business unless you choose to rename it and register it as a DBA name for example Bob Smith sets up a dry-cleaning business rather than operate under his own name Bob instead chooses to name his business Bob Smith dry-cleaning this name is considered an assumed name and Bob will need to register it with the appropriate local government agency the legal name of your
When Is Filing A Dba Required In New York
A DBA is required whenever a business is operating under a name other than its legal name. In the case of a sole proprietorship, you will need a DBA if you are operating under a name other than your own personal name. Partnerships in NY must always file a DBA in all counties where they transact business.
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S For How To File A Dba In New York On Your Own
Filing A Business Name
Anyone who conducts a business under a name other than his or her own must file a business name with the County Clerk of the county in which the business is being conducted. To file a business name, you need to complete the necessary documents. These forms can be downloaded or obtained from most commercial / legal stationery stores and attorneys. Some of these forms include:
View a complete list of available forms.
Completed Forms
Once the appropriate forms are completed and notarized, you may bring or mail them with the appropriate fee to: Nassau County Clerk’s Office
Division of Business NamesMineola, NY 11501
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How Do I Choose A New York Dba Name
Select a name that reflects what your small business is or its brand personality. Also, look at choosing a DBA name that is easy to spell, memorable, and gives consumers a good sense of your overall branding.
Try to find a name that is unique to your county, if not the entire state of New York. In this way, you will have an advantage, as you will stand out among your competitors. However, its important to note that the state does not require the uniqueness of DBA names.
To ensure that your DBA name is available, you can conduct a name search using the Department of State Division of Corporations, State Records, and UCC Database. It is also a good idea to check for any state or federal trademarks. Trademark law will supersede DBA name law, so it is important that you dont infringe on someone elses trademark. You can conduct a federal search using the United States Patent and Trademark Office database.
Be aware that several legal business designations are not allowed, such as Corporation,Limited, and Limited Liability Company. Entity designators and their abbreviations can be misleading to those you do business with, and the state does not allow these name additions. Further restrictions on name choices are also available to guide your DBA name choice.
Dba Forms In New York State
In New York State, A Certificate of Assumed Name is also known as DBA form. There are two kinds of forms forms designed to amend the Certificate of Assumed Name, which applies if some vital information needs to be altered. The second is the form to discontinue the Certificate of Assumed Name request, which applies if the chief reasons for DBA application are no longer applicable.
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Fill Online Printable Fillable Blank Certificate Of Discontinuance Of Assumed Name Of Form
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CERTIFICATE OF DISCONTINUANCE OF ASSUMED NAME OF
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How To Make An Signature For The Certificate Of Assumed Name Nyc Outward Bound Schools On Ios Devices
To sign a assumed name certificate new mexico right from your iPhone or iPad, just follow these brief guidelines:
After its signed its up to you on how to export your dba certificate: download it to your mobile device, upload it to the cloud or send it to another party via email. The signNow application is just as effective and powerful as the web app is. Connect to a strong connection to the internet and start executing forms with a court-admissible signature within a few minutes.
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Get A Dba Name For Your New York Business Today
If youre an entrepreneur in New York, you may not wish to use your businesss full legal name for all of your companys activities. If so, a doing business as name could be a helpful branding tool, allowing you to conduct your small business under a different title.
Doing business as names are an excellent alternative to using legal personal names or business names. They afford levels of flexibility for business owners that are not otherwise possible. New York business owners can file for DBA names, or assumed names as they are known in the state, to enhance brand personality or augment business operations in other areas.
Businesses that conduct business under a name that is not their legal name in New York need a Certificate of Assumed Name. This certificate is also called the doing business as certificate. Businesses must file the certificate with the New York State Department of State or local county clerk.
Read on to learn about New York DBA names, including how to choose, register, and maintain one, as well as how we can help make the process easier.
What Is A Dba
A DBA or doing business as is a registered pseudonym under which an individual or business operates. If youre a sole proprietor, a DBA allows your business to operate under an identity thats different than your legal name. If your business is an LLC or corporation, a DBA lets you use a different name while still keeping your same business structure. DBAs are also known as fictitious names, trade names or assumed names.
DBAs exist as an entirely legitimate way to conduct business while using pseudonyms. If you are running a company with an unregistered alias, there could be legal trouble down the road, so its generally a good idea to invest in filing a DBA as soon as you have a name you want to use.
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What Is An Assumed Name
An Assumed Name, commonly known as a DBA or Doing Business As, Trade Name, or Fictitious Name is a name used by a business, that is different from the legal name of the business.
When a business wants to operate under a name other than their legal name, the state of New York, like most states, require the business to register their business name. The registration requirement was designed to protect consumers from business owners hiding anonymously behind the name of a business.
Corporations Limited Partnerships Llcs Or Llps
Corporations, Limited Partnerships, LLCs or LLPs must be filed with the Department of State, New York State Division of Corporations. Their phone number is 518-473-2492. These papers cannot be filed at the County Clerks Office
For information regarding incorporations, LLC and LLPS and not-for profit corporations, contact:New York Department of StateDivision of Corporations
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When Do You Need A Dba
New York law requires that a company use its true legal name to conduct business.
Thus, companies seeking to use a name other than their true legal name must file for a DBA.
DBAs can be useful for a number of reasons. They allow a business to open a bank account and process transactions under a different name.They also allow the business to build local brand equity in a name other than the legal name of the business itself.
File A Dba In Ny For A Sole Proprietorship Or General Partnership
General partnerships and sole proprietors are required to file their New York DBA with the County Clerk in the county that their business is located. Estates and real estate investment companies are also required to file with the county.
A general partnership is a business formed by two or more people, without a formal business structure. A sole proprietorship is a business owned by a single individual that isn’t formally organized. In either case, the name of the business is the same as the name of the owners. A DBA can be useful in these cases for changing the name of the business to a more marketable name.
A DBA is only used for branding. A DBA doesn’t offer any protection for your personal assets in the event that your business is sued. For this reason, we strongly recommend that a DBA should only be used by a formal business structure such as an LLC or corporation for the purpose of adding new brands to an existing business.
If you are running an informal business , we strongly suggest forming an LLC to separate your business and personal assets. The name of the LLC can be selected to act as the brand name for the business.
Use our How to Get a DBA in New York guide below to register a New York assumed name for your business. For a look at DBA filing in another state, check out our other step-by-step How to Get a DBA guides.
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New York Dba Filing & Registration
A filer for a DBA must insert the exact name of the entity seeking the DBA, which can be found on the filing receipt issued by the Department of State when the entity was formed or by searching the Corporation/Business Entity Index.
The filer must also check the appropriate box to indicate the law of New York State under which the entity was formed or authorized to transact business.
The filer must then insert the entity’s proposed DBA name, as well as the address of its principal place of business, which may be an out-of-state address but not a post office box.
The filer must also indicate the county or counties in which the entity does or intends to do business, and must insert the address of each location where business will be carried on under the fictitious name.
Finally, the Certificate of Assumed Name must be signed on behalf of the entity by a corporate officer, a general partner of a limited partnership or by a member or manager of a limited liability company.
In all cases the Certificate of Assumed Name may be signed by an authorized person for such entity, provided that person provides the name and title of the principal for whom he or she is acting.
The filer must also insert his or her own name and mailing address so they can receive the receipt that evidences the filing.
Filing Your Certificate Of Assumed Name Ny
If your business is incorporated, you are required to set up your DBA with the New York Department of State.
First, print a copy of the certificate of assumed name form. The application will ask for your new DBA name and information about your business, such as:
- Line 2: Your business entity type, ie. corporation, LLC, a general partnership.
- Line 4: Number and street of your principal New York business location or out of state address for foreign entities.
- Line 5: All counties where you do business or intend to do business.
- Line 6: Number and street of all of your New York business locations where you transact business.
A DBA does not offer any protection for your personal assets in the event that your business is sued. For more information on setting up an LLC , visit our How to Form an LLC page and select your state.
You can find the Certificate of Discontinuance of Assumed Name form here.
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All You Need To Know To Successfully File A New York Dba
According to the law in New York, enterprises managed as corporations, limited partnerships, limited liability companies, and are required to carry out their day-to-day business activities under a legal name. If any of these enterprises or business entities wants to undertake daily business activities under a name thats different from the legal name, the proprietor must take steps to file a DBA or Certificate of Assumed Name. The certificate must be filed with the New York Department of State.
How To Generate An Electronic Signature For The Certificate Of Assumed Name Nyc Outward Bound Schools On Android Devices
In order to add an electronic signature to a assumed name certificate new mexico, follow the step-by-step instructions below:
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