Running your business under a name other than your legal name requires a formal filing in New York, and the rules depend entirely on how your business is structured. Sole proprietors and general partnerships file a Business Certificate with their county clerk, while LLCs, corporations, limited partnerships, and nonprofits file a Certificate of Assumed Name with the New York Department of State. This guide covers who must file, where to file, what it costs, and what to do after your filing is approved.
What is a DBA in New York?
A DBA in New York lets you conduct business under a name other than your legal business name. New York officially calls this an assumed name; the filing document is a Certificate of Assumed Name, not a "fictitious business name" as most other states label it.
Filing an assumed name does not create a separate legal entity, does not provide trademark protection, and does not change your tax obligations. It's a public disclosure requirement, a formal record that your business is operating under a name other than its legal name.
If liability protection is your goal, a DBA won't get you there. That requires forming an LLC or corporation through a separate filing process.
For a broader overview of how DBAs work across entity types and states, see what a DBA is and how it works.
DBA vs. LLC in New York
A DBA is only a name registration. It creates no separate legal entity and provides no liability protection. If your business is sued or incurs debt, your personal assets are exposed.
An LLC is a distinct legal entity that separates your personal liability from your business obligations. It requires a separate formation filing with the New York Department of State and carries ongoing compliance requirements. The cost is higher than filing a DBA, but so is the protection.
| DBA (assumed name) | LLC | |
|---|---|---|
| Creates a separate legal entity | No | Yes |
| Provides personal liability protection | No | Yes |
| Filing cost | Low (county or $25 state fee) | Higher (NY DOS formation fee + ongoing requirements) |
If you're weighing a DBA against full entity formation, see LegalZoom's guide on forming an LLC in New York.
Who needs to file a DBA in New York?
Your business structure determines the form you use and where you file.
- Sole proprietors: If you do business under any name other than your own full legal name, file a Business Certificate with the county clerk where you conduct business. Using your exact legal name requires no filing.
- General partnerships: A partnership operating under any name other than the full legal names of every partner must file a Business Certificate with the county clerk.
- LLCs: An LLC using any name other than its officially registered entity name must file a Certificate of Assumed Name for LLCs with the New York Department of State.
- Corporations: Same requirement — a Certificate of Assumed Name for corporations filed with the Department of State.
- Limited partnerships (LPs): Same as above — a Certificate of Assumed Name for limited partnerships filed with the Department of State.
- Nonprofits: Same as above — a Certificate of Assumed Name for nonprofits filed with the Department of State.
The sole proprietor exception is narrow. It applies only when you use your exact legal name, first and last, with nothing added. Adding words like "and Associates," "Consulting," or any trade name triggers a filing requirement.
What happens if you don't file?
Sole proprietors and general partnerships must file within 40 days of first using the assumed name. Missing that window puts you out of compliance.
More critically, a sole proprietor or general partnership that hasn't filed the required Business Certificate can be barred from maintaining a lawsuit in New York courts in connection with any contract made or transaction conducted under the assumed name. If a client doesn't pay you and you haven't filed your DBA, you may be unable to sue to collect.
For LLCs, corporations, and other entities, operating under an unregistered assumed name creates similar complications, including problems with contracts signed under that name and difficulties opening business bank accounts.
Where to file: county clerk vs. New York Department of State
Sole proprietors and general partnerships file with the county clerk in every county where they conduct business. LLCs, corporations, limited partnerships, and nonprofits file a Certificate of Assumed Name with the New York Department of State, Division of Corporations, regardless of which county they operate in.
Filing with your county clerk (sole proprietors and general partnerships)
The filing document at the county level is called a Business Certificate. Submit it to the county clerk's office in each county where you transact business under your assumed name, within 40 days of first using the name.
Fees vary by county and are set locally. New York County (Manhattan) maintains its own fee schedule distinct from surrounding boroughs and counties. Confirm the current fee and accepted payment methods directly with your county clerk before filing.
If your business expands into additional counties, a separate Business Certificate is required in each new county.
Filing with the New York Department of State (LLCs, corporations, LPs, and nonprofits)
The form is the Certificate of Assumed Name. For LLCs, the filing obligation comes from Section 204(c) of the New York State Limited Liability Company Law, which requires any LLC conducting business under a name other than its registered name to file this certificate with the Department of State.
The base filing fee is $25, payable by check or money order. Submit by mail or in person at the DOS office in Albany.
New York DBA filing fees and processing times
Filing fees and processing times vary depending on your entity type and how quickly you need the filing processed. Here's what to expect.
| Entity type | Filing office | Form name | Base filing fee | County fees apply? |
|---|---|---|---|---|
| Sole proprietor | County clerk | Business Certificate | Varies by county | Yes |
| General partnership | County clerk | Business Certificate | Varies by county | Yes |
| LLC | NY Department of State | Certificate of Assumed Name | $25 | No |
| Corporation | NY Department of State | Certificate of Assumed Name | $25 + county fees | Yes |
| Limited partnership (LP) | NY Department of State | Certificate of Assumed Name | $25 | No |
| Nonprofit corporation | NY Department of State | Certificate of Assumed Name | $25 | No |
Corporations filing with the New York Department of State are also assessed county clerk fees for each county where they do business: $100 per county within New York City (Bronx, Kings, New York, Queens, and Richmond Counties), and $25 per county outside New York City. The total fee to file in all counties statewide, including the Department of State's base fee, is $1,950.
Fees are set locally and differ across New York's 62 counties. Confirm the current fee directly with your county clerk before filing.
Department of State processing times and expedited options
Standard processing runs approximately seven business days. Expedited options are available for an additional fee.
| Processing speed | Additional fee | Total fee (base) |
|---|---|---|
| Standard (~7 business days) | $0 | $25 |
| Within 24 hours | +$25 | $50 |
| Same day | +$75 | $100 |
| Within 2 hours | +$150 | $175 |
The expedited fee is non-refundable and must be paid by a separate check or money order. It cannot be combined with the base filing fee. Mark the envelope "Expedited Processing" so the Division routes your documents correctly.
The fees above are government filing fees paid directly to the New York Department of State. Any filing service fee is separate and will be disclosed before you pay.
How to file a DBA in New York: step by step
The process differs depending on your entity type, but the core steps are the same: confirm name availability, choose the right form, submit your filing, and keep your confirmation receipt.
Step 1: Check DBA name availability in New York
Search your proposed assumed name before filling out any forms. No business in New York can operate under an assumed name that's already taken or too similar to an existing one.
The New York Department of State's Corporation and Business Entity Database covers corporations, LLCs, limited partnerships, and their assumed name filings. You can search by entity name or assumed name specifically.
One caveat: the Division of Corporations must reject any name that is not "distinguishable" from existing names on file, and the DOS cautions that search results should not be interpreted as confirmation that a name is available. Use the database as a first filter, not a final answer.
Assumed names filed at the county clerk level are not in the DOS database. Sole proprietors and general partnerships should contact their county clerk directly to check for name conflicts.
New York also restricts certain words. An assumed name cannot contain "Corporation," "Incorporated," "Limited," "Limited Liability Company," "Limited Partnership," or their abbreviations, per the filing instructions for the Certificate of Assumed Name. Names that could be confused with a government agency, or that include restricted words such as "Bank," "Attorney," or "University," may require additional paperwork or a licensed individual associated with your business.
Run a trademark check before you finalize your name. LegalZoom's free trademark search is a good starting point; you can also search the USPTO's Trademark Search database. Finding a conflict after filing is an expensive problem to fix.
Step 2: Choose the right form for your entity type
Once you have confirmed your DBA name availability, you must select the appropriate form based on your specific business entity type, as the filing requirements and office locations vary between sole proprietorships and formal business entities.
- LLCs, corporations, limited partnerships, and nonprofits: Use the Certificate of Assumed Name and file with the New York Department of State, Division of Corporations. Enter your entity's exact name as it appears on the filing receipt from formation or authorization. Do not abbreviate or alter it.
- Sole proprietors and general partnerships: Use the Business Certificate form available from your county clerk's office. Each county provides its own version; obtain it directly from the clerk where you transact business. You must file within 40 days of first using the assumed name, per Section 130 of New York's General Business Law.
The Certificate of Assumed Name must be signed by the appropriate party: an officer of a corporation, a general partner of a limited partnership, or a member or manager of an LLC. If you're an LLC owner looking to add a DBA to an existing entity, see how to add a DBA to an LLC.
Step 3: Complete and submit your filing
Once you have gathered the necessary documents for your specific entity type, you are ready to formally register your assumed name with the appropriate state or county office.
- For LLCs, corporations, limited partnerships, and nonprofits: The Certificate of Assumed Name must be typed or printed in black ink. Submit with the appropriate fee to: New York Department of State, Division of Corporations, One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231. The Division accepts MasterCard, Visa, American Express, money orders, personal and business checks for $500 and under, and certified checks for amounts over $500. Cash is not recommended when mailing.
- For sole proprietors and general partnerships: Submit your Business Certificate to each county clerk's office in every county where you conduct business under the assumed name, within the 40-day window. Check with your county clerk for accepted payment methods.
Step 4: Receive your confirmation
After processing, you'll receive a filing receipt. It reflects the filing date, entity name, assumed name, and fees paid. Keep it; the Department of State does not issue duplicates for lost receipts.
Your assumed name is legally effective as of the filing date on the receipt, not the date you receive it. Standard delivery is first class mail; include a prepaid overnight shipping label if you need documents faster.
Review the receipt carefully. If the assumed name is misspelled, a county is missing, or the entity name doesn't match, address it promptly. Uncorrected errors create problems when opening a bank account or signing contracts under the assumed name.
After you file: next steps
With your assumed name on the record, a few practical steps will set you up to actually use it.
Open a business bank account
Opening a dedicated bank account in the assumed name is usually the first priority. Banks typically require your filed certificate or filing receipt as proof of registration.
Update your business materials
Update your marketing materials, including your website, business cards, invoices, and signage, to reflect the assumed name consistently.
Understand what filing doesn't change
Filing an assumed name doesn't change your taxes. A sole proprietor continues to report business income under their own SSN or existing EIN. An LLC or corporation keeps its existing EIN. The DBA creates no new tax identity. Keep in mind that filing an assumed name does not satisfy any business license or permit obligations; check your local requirements separately.
Store your filing receipt somewhere you can find it. You may need it to amend or cancel the assumed name later.
Ready to get your DBA filed? LegalZoom's DBA service handles the name search, paperwork, and submission on your behalf.
How long does a New York DBA last, and how do you amend or cancel it?
New York DBAs do not expire. Once your assumed name is on file, it remains valid as long as your business continues operating under it.
To amend your assumed name, file an Amended Certificate of Assumed Name with the Department of State. This covers changes to your business name, operating counties, or address. The fee is $25 to the Department of State, plus $25 per county outside New York City and $100 per county for the five New York City counties.
Sole proprietors and general partnerships file amendments with the county clerk to update the original certificate.
To cancel your assumed name, file a Certificate of Discontinuance of Assumed Name with the New York Secretary of State under Section 130 of the General Business Law. The fee is $25. If you originally filed at the county level, contact the county clerk for withdrawal instructions.
Canceling isn't strictly required if your business simply closes, but leaving an active assumed name on the public record when you're no longer using it can create confusion if someone later tries to register a similar name.
FAQs about New York DBAs
What is a DBA in New York?
A DBA in New York is a registered assumed name that allows a business to operate under a name other than its legal name. New York does not use the term "fictitious business name." Filing a DBA does not create a new legal entity, provide trademark protection, or change your tax obligations.
How do I get a DBA in New York?
Your entity type determines where and how you file. Sole proprietors and general partnerships file a Business Certificate with their county clerk within 40 days of using the assumed name. LLCs, corporations, LPs, and nonprofits file a Certificate of Assumed Name with the New York Department of State for a $25 base fee. Check name availability before filing.
Does a New York DBA protect my business name?
No. A DBA is a public disclosure requirement, not a name reservation or trademark. It does not give you legal grounds to stop another party from using the same name. Trademark registration is the right path for name protection.
Can I have more than one DBA in New York?
Yes. There is no limit on the number of assumed names a business entity can register. Each requires a separate filing and fee.
Can I file a New York DBA online?
The New York Department of State does not currently offer online filing for the Certificate of Assumed Name. LLCs, corporations, LPs, and nonprofits must submit by mail or in person to the Division of Corporations in Albany. For sole proprietors and general partnerships, online availability varies by county clerk. LegalZoom can handle preparation and submission on your behalf.
What happens if I operate without filing a DBA in New York?
Operating under an unregistered assumed name can bar you from enforcing contracts in New York courts under that name, as provided under Section 130 of the General Business Law. It can also create problems opening a business bank account and put you out of compliance with state law. Sole proprietors and general partnerships have a 40-day window from first use to get the filing done.
