How to File a DBA in New York

Filing a DBA in New York means registering an assumed name so your business can operate under a name other than its legal one. Where you file and what you pay depends on your entity type — LLCs and corporations file with the New York Department of State, while sole proprietors file with their county clerk.

A DBA — short for "doing business as" — lets your business operate under a name that's different from its legal registered name. In New York, this is called an assumed name. If you're running a business under any name other than the one on your formation documents, you need one.

A DBA is useful in a few common situations. A sole proprietor named Maria Reyes who wants to operate as "Reyes Tax Services" needs a DBA so clients aren't writing checks to her personal name. An LLC called Smith Sisters LLC that wants to market a separate line of work as "Smith Sisters Interior Design" can file a DBA to use that name without forming a second entity. The DBA doesn't create a new legal entity — it just gives your existing business a recognized trade name.

One thing worth knowing: registering a DBA doesn't give you trademark protection or exclusive rights to the name. If protecting the name matters to your business, that's a separate step.

Where you file your New York DBA depends on your entity type. LLCs, corporations, limited partnerships, and other formed entities file a Certificate of Assumed Name with the New York Department of State. Sole proprietors and general partnerships file a business certificate with the county clerk in the county where they do business.

This distinction matters because the forms, fees, and filing addresses are different. If you have an LLC and file at the county level instead of with the state, your assumed name won't be properly registered. The New York Department of State's Division of Corporations handles all state-level filings. Their mailing address is One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231.

If you're a sole proprietor, check with your specific county clerk's office for their form and fee requirements. County processes vary across New York State.

Before you file, check whether your desired assumed name is already in use. The New York Department of State provides an online public inquiry system where you can search existing entities and assumed names by business name, assumed name, DOS ID, or assumed name ID.

A search that returns no results is a good sign, but it's not a guarantee the name is available. The online database is a public records tool, not an official clearance. If you want a formal availability determination, New York law allows you to request an official name availability search from the Division of Corporations for a $5 fee per name, under Section 96 of the New York State Executive Law.

Also check that your desired name doesn't use restricted words or violate the Department of State's naming rules. The DOS instructions for the Certificate of Assumed Name spell out what's allowed.

LLCs, corporations, and other formed entities file a Certificate of Assumed Name with the New York Department of State. The DOS provides the official form and a separate set of written instructions on its website. Here's what the form requires and how to submit it.

Paragraph 1 — legal name: Enter your entity's exact legal name as it appears on your DOS filing receipt, including punctuation and the entity designator (for example, LLC or Inc.). Any mismatch here can cause the filing to be rejected.

Assumed name: State the name you want to use. It must comply with New York naming rules, including any required designators and restrictions on certain words.

Principal place of business: Provide a street address in New York State — a post office box alone is not acceptable. If your entity has no New York principal place of business, provide your principal address outside New York.

Counties: List every county in New York where you'll do business under the assumed name. The county fee is calculated per county, so be accurate — you'll pay more if you add counties later.

The form must be typed or printed in black ink, with all printing and signatures clear and dark enough for imaging. Submit the completed form with your payment to the Division of Corporations at One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231, either by mail or in person.

Filing a DBA in New York costs a base state fee plus a county fee for each county where you'll do business under the assumed name. For corporations and LLCs filing with the Department of State, the county fee is $25 per county outside New York City. For any of the 5 New York City counties — New York, Kings, Queens, Bronx, or Richmond — the county fee is $100 each.

All county fees are paid to the Department of State together with the Certificate — not separately to each county clerk. If you list multiple counties, the fees add up. A business filing in 3 upstate counties pays the base fee plus $75 in county fees. A business filing in all 5 NYC counties pays the base fee plus $500 in county fees.

Sole proprietors filing at the county level pay fees set by their county clerk, which vary by county. Check directly with your county clerk's office for the current amount.

A DBA doesn't automatically require a separate bank account, but your entity type usually does. If you have an LLC, you need a separate business bank account regardless of whether you're operating under a DBA or your legal name. Mixing personal and business finances in an LLC puts your liability protection at risk — a court can decide your LLC isn't really a separate entity, and at that point your personal finances are fair game.

If you're a sole proprietor operating only under a DBA with no formed entity, you'll likely need a separate business account to accept payments under your trade name. Most banks require a filed DBA certificate before they'll open a business account in an assumed name.