How to File an Assumed Name (DBA) in New York in Three Steps

Before you conduct your assumed name search, compile a list of names that you like for your business. It's important to choose a name that's unique, not only for marketing reasons, but also because your trade name filing may be rejected if your trade name is too similar to another name that's already in use.

To check for name availability, you can conduct a search on the Corporation and Business Entity Database. Simply select the search type and enter the name in the designated field.

Note that there are restrictions for New York assumed names. The following words can't be used in your trade name unless you have approval from the Superintendent of Financial Services:

• Bank
• Finance
• Loan
• Mortgage
• Savings
• Trust

Additionally, you can't put any words in your trade name that would lead the public to think your business is a government agency. For example, don't use words or phrases such as, "State Department" or "Treasury." Avoid using words such as "doctor" or "lawyer" unless your business meets the appropriate licensing requirements.

Once you've completed your New York assumed name search, check the TESS (Trademark Electronic Search System). This tool allows you to see if someone has already trademarked the name you'd like to use for conducting business.

DBA filings for sole proprietorships and general partnerships must be submitted to the county clerk. The appropriate county for your submission is any county in which you conduct business.

The DBA filing fee varies from county to county. To get more information about the costs associated with filing a DBA in the county in which you conduct business, contact the county clerk. In New York County, for example, the filing fee is $100, and the Business Certificate forms for sole proprietorships and general partnerships are available for purchase at 60 Centre Street.

Conduct a name search in your county's records, as well, where possible. For example, you can conduct a search of New York County registered names at Room 109B in the basement at 60 Centre Street before you file or at the time when you go to submit your filing.

Since assumed names are registered at the county level, for sole proprietorships and general partnerships, you'll need to contact the appropriate county clerk's office for information about managing a DBA. You may have the option to renew, change, or withdraw your DBA.

For example, in New York County, you can change or make an amendment to your DBA by filing an amendment document. You don't have to renew your DBA because the New York County Business Certificate doesn't expire. You can withdraw your DBA if you decide that you no longer want it. To withdraw your DBA, you can file a Certificate of Discontinuance of Assumed Name form.

You'll need to check the records of the New York Department of State for name availability before you file your DBA. It's important that the name you choose for your business activities is not already in use by another business. Your name also can't be too similar to a name that's already on record. Once you've made a list of names that you might like to use for your business activities, check for name availability on the Corporation and Business Entity Database. To search the database, simply select the search type and provide the requested information in the designated fields.

Conduct a search on TESS (Trademark Electronic Search System) next. The TESS search is meant to show trademarked names. If the name you'd like to use has been trademarked by someone else, you need to choose another name so that you can avoid facing legal action.

There are restrictions regarding the words and phrases that you may use in your trade name. Consider the following restrictions before you submit a trade name to the Department:

• You can't use words such as "bank," "trust," or "credit union," which may signify that you offer financial services (unless you have approval from the Superintendent of Financial Services)
• You can't use words or phrases such as "Treasury" or "State Department," because these words or phrases might confuse the public
• You can't use certain words, like "doctor" or "lawyer" (unless you have the appropriate licensing and meet other requirements)

You can print a copy of the Certificate of Assumed Name form from the New York Department of State website. Be prepared to provide the following information on the form:

• Business entity type
• Address of principal location
• Counties where you do or intend to do business
• Address of all New York locations for your business

You can submit your completed Certificate of Assumed Name form by mail or fax. You also have the option of submitting your form in person at New York State Department of State, located at 99 Washington Avenue, Albany, New York 12231.

There are filing fees associated with a Certificate of Assumed Name. The fee for the Certificate of Assumed Name is $25. In addition to the $25 filing fee, there's a county filing fee which applies to every county in which you do business or intend to do business (only if you have a corporation). The county filing fee is $25 per county, except for New York counties. New York counties, such as Richmond, Bronx, Kings, Queens, and New York have a county filing fee of $100.

You may submit payment for a Certificate of Assumed Name in the form of cash, check, money order, credit card, or debit card. If you submit payment in the form of credit or debit, via mail or fax, you must complete and attach the Credit Card/Debit Card Authorization form. In addition to requesting the certificate, you may request certified copies. Certified copies cost $10 each. If you're interested in expedited processing, you can pay for expedited service. Checks over $500 must be certified.