How to Set Up a DBA in New York: Filing Office, Fees, and Penalties

To set up a DBA in New York, you file a business certificate with the county clerk in each county where you operate if you’re a sole proprietor or general partnership, or a Certificate of Assumed Name with the New York Department of State if you’re a corporation, LLC, or limited partnership. The requirement comes from New York General Business Law § 130, which covers anyone doing business under a name other than their real legal name.1New York State Senate. New York Code GBS 130 – Filing of Certificates by Persons Conducting Business Under Assumed Name or as Partners Fees range from $25 for an LLC to $150 or more for a corporation operating in multiple counties.

Which Office You File With

The filing office follows the entity. Sole proprietors and general partnerships file at the county clerk’s office in each county where they conduct business. Corporations, LLCs, and limited partnerships file with the Department of State’s Division of Corporations. LLCs specifically are directed by Limited Liability Company Law § 204(c) to either use their true legal name or file under the GBS § 130 process.2New York State Senate. New York Limited Liability Company Law 204

One narrow exception for sole proprietors: if you operate under your full legal name with nothing added, no filing is required. Add anything, even “& Associates,” and you need a DBA.1New York State Senate. New York Code GBS 130 – Filing of Certificates by Persons Conducting Business Under Assumed Name or as Partners

Check the Name First

Before you pay a filing fee, confirm the name is available. Corporations and LLCs should search the Department of State’s Corporation and Business Entity Database at apps.dos.ny.gov/publicInquiry. Sole proprietors and general partnerships should ask the county clerk’s office in the county where they plan to file.

The name has to be distinguishable from other registered business names, cannot mislead the public, and cannot suggest a government connection. Restricted words include “bank,” “trust,” “insurance,” “university,” and “doctor”; these carry specific legal meanings and require approval from the relevant regulatory agency before you can use them. GBS § 130 pulls in the naming rules from the Business Corporation Law and the Limited Liability Company Law, so the restrictions apply regardless of entity type.1New York State Senate. New York Code GBS 130 – Filing of Certificates by Persons Conducting Business Under Assumed Name or as Partners

Filing as a Sole Proprietor or General Partnership

You file a business certificate with the county clerk in every county where you’ll do business. The certificate must include:

  • The assumed name you plan to use
  • The address where business is conducted in that county
  • The full legal name and home address of every owner or partner
  • The age of any owner under 18

Every person listed has to sign, and the signatures must be notarized.1New York State Senate. New York Code GBS 130 – Filing of Certificates by Persons Conducting Business Under Assumed Name or as Partners

A quirk to plan for: most county clerks don’t hand out blank forms. You buy one from a commercial or legal stationery store. In Manhattan the sole proprietorship form is called X-201, sold at stationery shops near the courthouse.3New York State Unified Court System. Business Certificates

The filing fee is typically $100. Certified copies are around $10 each.3New York State Unified Court System. Business Certificates Counties generally accept filings by mail or in person, and processing times vary. New York County advises allowing six to eight weeks for mail filings.4New York County Clerk. Business Department In-person filings are often processed the same day.

New York does not require newspaper publication of your DBA. There’s no expiration and no periodic renewal. The filing stays in effect until you amend or cancel it.

Filing as a Corporation, LLC, or Limited Partnership

You submit a Certificate of Assumed Name to the Department of State’s Division of Corporations. The form is available on the Department of State’s website. It must include your entity’s legal name, the assumed name, your principal place of business in New York, and the name and address of every county where you do business or plan to under the assumed name. A corporate officer, general partner, or LLC member or manager has to sign.1New York State Senate. New York Code GBS 130 – Filing of Certificates by Persons Conducting Business Under Assumed Name or as Partners

File by mail, fax, or in person at the Division of Corporations, One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231. Payment is by check, money order, or credit card. If you’re paying by card through the mail or by fax, include the Department of State’s credit card authorization form.5New York Department of State. Certificate of Assumed Name for Domestic and Foreign Limited Liability Companies

Fees by Entity Type

Processing and Expedited Options

Standard filings generally take one to two weeks. If you need faster turnaround, the Division of Corporations offers expedited handling for a fee added to the filing fee:

  • 24-hour processing: $25
  • Same-day processing: $75, and the filing must arrive by noon
  • Two-hour processing: $150, hand-delivered or faxed by 2:30 p.m.

Expedited timelines only run on days the Department of State is open.8New York Department of State. Expedited Handling Services for Division of Corporations

What Happens If You Skip the Filing

Operating under an assumed name without filing has real teeth. Under GBS § 130, until you file the required certificate, New York courts will not hear a lawsuit or legal proceeding you bring on contracts or transactions made under that name. Filing late cures the problem, but the courthouse door stays shut until you do. Knowingly failing to file is also a misdemeanor.1New York State Senate. New York Code GBS 130 – Filing of Certificates by Persons Conducting Business Under Assumed Name or as Partners

The bar runs one direction. Customers, vendors, and creditors can still enforce their rights against you whether or not you filed. The penalty lands on the business owner who skipped the paperwork.

Amending or Canceling Your DBA

If your business name, address, ownership, or operating counties change, update the filing. Sole proprietors and general partnerships file an amended business certificate with the county clerk. Corporations, LLCs, and limited partnerships file an Amended Certificate of Assumed Name with the Department of State. State-level amendment fees mirror the original: $25 for LLCs and limited partnerships, and $25 plus county fees for corporations, using the same $100-per-borough and $25-per-other-county formula for each county affected.9New York State Department of State. Certificate of Amendment of Certificate of Assumed Name

When you stop using the name, cancel it. Corporations file a Certificate of Discontinuance of Assumed Name with the Department of State for $25.10New York Department of State. Certificate of Discontinuance of Assumed Name for Domestic and Foreign Business Corporations Sole proprietors and partnerships file a certificate of discontinuance with the county clerk.

Two Things a DBA Does Not Do

A DBA is a public notice filing, not a legal entity and not a brand right. It gives you no exclusive claim to the name. Another business, even in the same county, could file the same name. If you want the right to stop others from using your business name, that’s a trademark, filed federally through the U.S. Patent and Trademark Office. Many owners file both: the DBA to satisfy New York’s requirement and a trademark to protect the brand.

A DBA also does not, by itself, get you a business bank account, but it’s usually a prerequisite for one. Most banks want to see the filed business certificate (or a certified copy) along with your EIN, a valid photo ID, and your Social Security number before they’ll open the account. Complete the DBA filing before you go to the bank.