How To Register A Sole Proprietorship In New York

Filing a DBA allows a visitor to do business with a unlike name. Hither'due south one to file 1 in New York.

If a concern wants to practise business concern with a name that is different from the name used to course the business organization, information technology must file the new proper noun (called a trade name).

This is oftentimes called filing for a DBA, or "doing business equally."

For example, if "Frank'south Hot Dogs LLC" wants to practise business organisation every bit "All-time Hot Dogs in Town" and so the owners have to file a DBA.

While any business can file a DBA in New York, at that place are unlike requirements for different entities.

Corporations, limited partnerships, and express liability companies must file a document complying with Section 130 of the General Business Law.

Any other entities such equally general partnerships, sole proprietorships, and express liability partnerships are required to file an Assumed Proper name Document directly with the county clerk in every canton in which the entity conducts or transacts business.

Man writing notes looking at mobile phone

When Do You Need a DBA?

New York law requires that a company utilise its true legal name to comport business.

Thus, companies seeking to use a name other than their truthful legal name must file for a DBA.

DBAs can be useful for a number of reasons. They allow a concern to open a bank account and process transactions under a different name.They likewise let the business to build local brand equity in a proper name other than the legal name of the business itself.

Setting up a DBA in New York

Setting upwards a DBA in New York starts with making sure the proper noun that you seek to use is not currently in use.

Y'all volition need to avoid the use of certain words and phrases. A fictitious proper noun cannot contain words such as "Corporation," "Incorporated," "Limited," "Limited Liability Company," "Express Partnership," or their abbreviations.

Certain words may simply be used in a certificate of causeless name with certain prior approvals, check with the Secretary of State for more data.

New York DBA Forms

A Certificate of Assumed Proper noun is the relevant DBA form in New York State.

Forms to amend the Certificate of Assumed Proper noun form (in case something needs to exist inverse) and forms to discontinue the Certificate of Assumed Proper name request (in case the reasons for filing for the DBA no longer apply) are also available.

New York DBA Filing & Registration

A filer for a DBA must insert the exact name of the entity seeking the DBA, which tin can be found on the filing receipt issued past the Department of State when the entity was formed or past searching the Corporation/Business Entity Index.

The filer must likewise check the appropriate box to signal the constabulary of New York State nether which the entity was formed or authorized to transact concern.

The filer must and then insert the entity'south proposed DBA proper noun, as well as the accost of its principal place of concern, which may be an out-of-state address merely not a post role box.

The filer must also indicate the canton 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 proper noun.

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 fellow member or manager of a limited liability company.

In all cases the Certificate of Assumed Proper noun may exist signed by an authorized person for such entity, provided that person provides the proper name and title of the principal for whom he or she is interim.

The filer must also insert his or her own name and mailing accost and then they can receive the receipt that evidences the filing.