How to Get a DBA Name For an LLC in New York – An Easy Guide


Steve Goldstein
Steve Goldstein
Business Formation Expert
Steve Goldstein runs LLCBuddy, helping entrepreneurs set up their LLCs easily. He offers clear guides, articles, and FAQs to simplify the process. His team keeps everything accurate and current, focusing on state rules, registered agents, and compliance. Steve’s passion for helping businesses grow makes LLCBuddy a go-to resource for starting and managing an LLC.

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Get a DBA Name in New York

Are you looking to establish a business in New York and need to get a DBA (Doing Business As) name for your venture? You’re in the right place! A DBA, also known as a Trade Name, Fictitious Name, or Assumed Name, allows you to conduct business under a name that’s different from your legal business name. This can be advantageous for branding, marketing, and overall business operations.

In New York, if you’re willing to use a different name other than the legal name for your business, you must file the DBA (Doing Business As). The public (specifically your potential customers) knows your business by its registered legal name. Instead of using your formal business name, you may use the trade name or DBA in marketing and sales to reach a wider audience.

New York, popularly known as The Empire State, has some regulations when it comes to filing your DBA name. However, the regulations can vary depending on the type of business structure you have. In this article, I will share the basic steps to get a DBA Name in New York.

What is DBA Name in New York?

Whenever you form an LLC or any business structure, you must get a name for it. Every company has a legitimate name. For instance, a partnership or sole proprietorship might function under the legal name of the company’s owner or owners. The name specified in the Certificate of Incorporation or Articles of Organization may be used by any business entity, including corporations, limited liability companies (LLCs), and others.

However, there are situations when you may decide against using your company’s registered legal name in New York. This is due to a variety of factors. For instance, the legal name of your company can be unrelated to it or no longer accurately describe it. Or perhaps you want a new name without altering your documentation for incorporation or registration.

If you intend to run your business in New York under a name other than your personal name or an existing corporate name, you must submit a DBA name with New York state regardless of the type of business entity you have incorporated as (single proprietor, partnership, corporation, or LLC).

No restrictions exist on how many DBA names you can use to do business. However, each DBA name must be filed with the state where you conduct business. This is necessary because the general public has a legal right to know whether a specific individual or company is operating under a name other than their legal name.

In New York, changing your business name is a risky factor. It can bring positive and negative effects on your business. Hence, before you file and change your legal business name, analyze all the risks and advantages.

–LLCBuddy Editorial Team

How to Get a DBA in New York

To get a DBA in New York, you must first check if any other business is already using the name before filing a DBA in New York. You can then submit the New York business name reservation form after it has been confirmed that no other company is already using the chosen name. You can search the New York Government Records Inquiry System and confirm that the name you chose is not already in use. However, getting a DBA is not mandatory in many states. If you open an LLC in New York, you must check with New York Secretary of State whether you need to file DBA or not.

Guideline for choosing a DBA name

You must choose a name to register, which is the crucial step. There are a few straightforward LLC name guidelines to follow (if you’re forming an LLC) while choosing a name in New York.

  • In New York, fictional names cannot be the same or similar to one another. A DBA cannot deceive the public by appearing to be confusingly similar to any other business name.
  • Unless the company has been incorporated as an LLC or corporation, a DBA name cannot contain a corporate indication, such as Corp or LLC, or any other words that imply an entity type. This will stop a lone proprietor from passing for a legitimate corporation.
  • Any banking-related words without a letter from the New York Banking Commissioner’s Office, or any insurance-related words without a letter from the New York New York State Department of Financial Services.
  • Any words that could confuse your corporation with a government agency (FBI, Treasury, State Department, etc.).
  • A professional designation in the name (i.e., engineering, attorney) without a copy of the license of one officer/member or a letter from the governing agency allowing the use of the name without licensing.
  • Any words that indicate or imply that the corporation is engaged in a business that is not authorized by law to pursue.

How Can You Tell if a DBA Name in New York is available?

Once you have selected a name that complies with the requirements mentioned above, there are a number of methods you can use to find out if the name is open for registration. One simple strategy is to look up other companies in New York with the same name on Google.

It is a simple technique to clear out any already taken names, even though it may not guarantee that the name you want to register is accessible. As it is likely that you will require a website domain that matches your business name, you may also check to see whether the web domain for that name is accessible. For example, you can check New York LLC name search guide to see how you can find the availability of your desired LLC name in New York.

Before you may register your Trade Name in New York, you must have used it for business purposes. Therefore, you must use a Trade Name as soon as possible if you want to register and protect it in New York.

Register the New York DBA Name

Once you have established that the name is available for registration, you must finish the file using the forms your county has provided. You must register your DBA name in the county where you intend to conduct business. In most New York counties, the following fundamental information is needed-

  • Name of the company, its phone number, city, state, and street address
  • The organization type under which the business is incorporated
  • List the partners’ names and addresses (if applicable)
  • Describe the items, services, or business that will be delivered under the Fictitious Name in the registration form
  • Use of the Fictitious Name in the marketplace
  • Both the classification type and number
  • Make a mark (pick Trade Name)
  • Date and state of the first use of the trade name
  • When the Trade Name first appeared in New York
  • Application’s name, title, signature, and date Email address

Submitting the New York DBA Name Application

To file the New York DBA Name, you must apply to the New York Secretary of State. In New York, you can file the DBA name in two methods, by mail and in person.. The cost of filing the Fictitious Name (DBA name) in New York is $25.

  • Online filing: There is no online filing available
  • Offline filing: For filing offline, you must send the accomplished DBA filing form to the County Clerk’s Office in the county where your business is located. Addresses vary by county.

Using the New York Trade Name

Three “specimens” demonstrating the Trade Name used must be submitted to New York Secretary of State. The following are some instances of acceptable specimens:

  • Business cards
  • Booklets,
  • Flyers,
  • Labels, and
  • Stickers

How to Renew a Trade Name in New York

You can renew your DBA name after a stipulated time. In most states, the renewal of the DBA name follows the same process as filing a fresh DBA name. You need to get the DBA renewal form, fill it up with the correct information, and submit it to the state online or offline. The renew time for DBA name filing is Indefinite in New York.

How to Change a Trade Name

You can change your Trade Name (DBA or Fictitious Name) by applying to the New York SOS. The process is similar. You can search for the name you want to have after changing the old Trade Name. If the name is available, make sure it follows other guidelines. You can reserve your DBA name for Indefinite; after then, you can change or renew your DBA if needed through the New York SOS.

FAQs

What is a DBA name?
A DBA (“doing business as”) name is a name that a business owner uses for their business that is different than their legal name.
Do I need to file a DBA in New York?
Yes, if you are doing business in New York, you will need to file a DBA name with the New York Department of State.
How do I file a DBA name in New York?
You can file a DBA name in New York by submitting a Certificate of Assumed Name to the New York Department of State.
How much does it cost to file a DBA in New York?
The filing fee for a DBA name in New York is $50.
Is a DBA name the same as a fictitious business name?
Yes, a DBA name is also known as a fictitious business name.
Is a DBA name the same as a trade name?
Yes, a DBA name is also known as a trade name.
Do I need to reserve a DBA name in New York?
No, you do not need to reserve a DBA name in New York. However, you can reserve a DBA name in New York for a fee of $20.
How do I reserve a DBA name in New York?
To reserve a DBA name in New York, you must submit a Name Reservation Request to the New York Department of State.
How long does it take to file a DBA in New York?
It typically takes around 4-6 weeks to file a DBA name in New York.
How long is a DBA name valid for in New York?
A DBA name in New York is valid for 5 years.
Do I need to renew my DBA name in New York?
Yes, you will need to renew your DBA name in New York every 5 years.
What documents do I need to file a DBA in New York?
You will need to submit a Certificate of Assumed Name to the New York Department of State in order to file a DBA in New York.
What information do I need to provide when filing a DBA in New York?
When filing a DBA in New York, you will need to provide your business name, the county you are filing in, the type of business you are filing for, and the address of your business.
Do I need to publish my DBA in a newspaper?
Yes, if you are filing a DBA in New York, you will need to publish your DBA in a newspaper.
Does my DBA name have to be unique in New York?
Yes, your DBA name must be unique in New York and cannot be the same as another business.
Do I have to register my DBA name with the IRS?
No, you do not need to register your DBA name with the IRS.
Do I need to register my DBA name with the Secretary of State in New York?
No, you do not need to register your DBA name with the Secretary of State in New York.
What taxes do I have to pay when filing a DBA in New York?
You will need to pay state and local taxes when filing a DBA in New York.
What business licenses or permits do I need to file a DBA in New York?
You may need to obtain additional business licenses or permits depending on the type of business you are filing for.
Do I need a lawyer to file a DBA in New York?
No, you do not need a lawyer to file a DBA in New York.
Can I file a DBA in New York online?
Yes, you can file a DBA in New York online through the New York Department of State’s website.
Is a DBA name the same as a limited liability company (LLC)?
No, a DBA name is not the same as an LLC. A DBA name is an alternate name for your business, while an LLC is a legal structure for your business.
Can I use a DBA name for an LLC in New York?
Yes, you can use a DBA name for an LLC in New York.
Do I need to register my DBA name with the city or county of New York?
Yes, you will need to register your DBA name with the city or county where your business is located in New York.
Do I need to register my DBA name with the New York Department of Taxation and Finance?
Yes, you will need to register your DBA name with the New York Department of Taxation and Finance.
Can I use a DBA name for a sole proprietorship in New York?
Yes, you can use a DBA name for a sole proprietorship in New York.
Do I need to register my DBA name with the New York Department of Labor?
No, you do not need to register your DBA name with the New York Department of Labor.
Can I use a DBA name for a corporation in New York?
Yes, you can use a DBA name for a corporation in New York.
Do I need to register my DBA name with the New York Department of Financial Services?
No, you do not need to register your DBA name with the New York Department of Financial Services.
What is required to file a DBA name in New York?
To file a DBA (Doing Business As or trade name) in New York, you need to submit a DBA form to the New York Department of State. You will also need to pay a filing fee.
How do I know if the DBA name I want is available in New York?
You can perform a name search on the New York Department of State website to check if the DBA name you want is available.
How long does it take to register a DBA name in New York?
The processing time for a DBA filing in New York is typically 3-5 business days.
How much does it cost to file a DBA name in New York?
The filing fee for a DBA name in New York is $50.
Is there an age requirement to file a DBA name in New York?
No, there is no age requirement to file a DBA name in New York.

Also Read

Why New York DBA Filing is So Important

A DBA, also known as a trade name or fictitious business name, allows a business to operate under a name that is different from its legal name. For many entrepreneurs, this is a valuable tool that can help establish a brand identity, attract customers, and differentiate their business from competitors. By registering a DBA, business owners can operate under a name that is more marketable and memorable, helping them to stand out in a crowded marketplace.

Moreover, filing for a DBA in New York is not just about branding and marketing; it also has legal implications. If a business wants to open a bank account, sign contracts, or enter into agreements using its trade name, having a DBA on file is essential. Without a registered DBA, a business can face legal challenges and difficulties in conducting everyday operations.

Another critical reason why filing for a DBA in New York is important is that it can help protect a business owner’s personal assets. By registering a trade name, a business is establishing itself as a separate legal entity from its owners. This separation can shield personal assets from potential liabilities and debts incurred by the business. In the event of a lawsuit or financial trouble, having a DBA in place can provide a layer of protection for business owners and their families.

Additionally, filing for a DBA in New York is a requirement for businesses that operate under a name that is different from the owner’s legal name. Failure to register a trade name can result in fines, penalties, and legal troubles for a business owner. By complying with state regulations and properly filing for a DBA, entrepreneurs can avoid these risks and ensure that their business is operating legally.

In today’s competitive business environment, establishing a strong brand presence and protecting personal assets are paramount for long-term success. Filing for a DBA in New York is a simple yet crucial step that can help entrepreneurs achieve these goals. As such, business owners should prioritize registering their trade name and ensuring that they are in compliance with state regulations from the start.

Overall, the process of filing for a DBA in New York may seem like a minor task, but its impact on a business’s brand, operations, and legal standing cannot be overstated. Entrepreneurs should take this important step seriously and seek professional guidance to ensure that they are following the proper procedures and setting their business up for success. By understanding why New York DBA filing is so important, business owners can position themselves for growth, protection, and longevity in an ever-evolving marketplace.

In Conclusion

A DBA name in New York is the best way to update your business name. Unlike the registered legal business name, you can have as many as DBA names. You can use your new assumed name as soon as the state has processed your filing, and getting one is a rather simple process. Whether you have an LLC or any other business structure, filing a DBA name is helpful for your business upgradation anytime.

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