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Fillable Form New York DBA Application

New York DBA Application is a form used to file a new name that is different from the original name used to form the business.

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What is a New York DBA Application form?

DBA stands for “Doing Business As” and filing for a DBA allows a company to do business with a different name.

Businesses that want to operate under a new name, called a trade name, different from the name it started with, have to file for a New York DBA Application form or Certificate of Assumed Name.

Businesses that conduct business under a name that is not their legal name need a Certificate of Assumed Name and must file the certificate with the New York State Department of State (NYSDOS). Without this certificate, a business must operate under its legal name, and use its legal name everywhere. The legal name is the name on documents used for incorporation.

Like other states, New York makes it a requirement for businesses opting to operate under another name that is different from their current legal name to register their business name. The purpose of this is to protect consumers from any business owners hiding anonymously behind the name of a business.

Who should apply for a New York DBA Application form?

Any and all businesses are allowed to file for a DBA, but the process, fees, and filing process depend on what kind of business entity is applying for it.
These include:
1. DBA filed by an individual (sole proprietorship) or general partnership is labeled as a "Business Certificate” as opposed to a “Certificate of Assumed Name”, and it is registered by filing a DBA with the county clerk in the county in which the business is based as opposed to applying it with the Department of State.

  • The fee to file a business certificate varies but is usually much more costly.
  • The application must be notarized prior to filing.

2. DBA filed by an organized entity (such as LLC or corporation) is called "Certificate of Assumed Name", and it is registered by filing an application with the New York Department of State.

  • The fee for registering is dependent on where you filed the certificate.
  • The application does not need to be notarized prior to filing.
  • LLCs and Limited Partnerships don't have additional county fees.

Purpose of the New York DBA Application form?

Statute makes it a requirement for corporations, limited partnerships, and limited liability companies alike to operate and hold activities using their true legal name.

When do you need a New York DBA Application form?

The law of New York states that it is required of a business to conduct its operations and activities using their true legal name. With that, if a business, corporation, or company opts to operate under a new name, it must file for a DBA.
Filing for a DBA serves other purposes aside from trade names; DBAs help businesses open a bank account and process transactions under a different name and allow them to establish local brand equity other than the legal name of the business itself.
It should be noted that the Certificate of Assumed Name is effective on the date of filing of the certificate by the Department of State.

Where do you file the New York DBA Application form?

After accomplishing the form and ensuring that the information you have provided is accurate, your completed form should be mailed to:

New York Department of State

Division of Corporations

One Commerce Plaza

99 Washington Avenue, Albany, NY 12231

It should be noted that there is a $25 filing fee (along with varying additional county fees) that should be submitted with the DBA Application via MasterCard, Visa, American Express, money orders, personal and business checks for $500 and under, and certified checks for amounts over $500. Cash is accepted too, but it is not suggested to mail the form with the cash payment.

How to fill out the New York DBA Application form?

The Certificate of Assumed Name must be typed or printed in black ink. Ensure that the printing and the signatures that need to be affixed are clear and dark enough to be reproduced and recorded by the Department of State.

1. REAL NAME OF ENTITY
Type or print the exact name of the entity; do not abbreviate. You will be able to find the exact name of the entity on the filing receipt issued by the Department of State when the entity was created or permitted to operate in the state of New York. The exact name of the entity will also be found in any certified copies issued by the Department of State of these filings.

1.a. FICTITIOUS NAME
Fill out for Foreign Entities only. If applicable, insert the fictitious name the entity has agreed to use in New York State.

2. THE ENTITY WAS FORMED OR AUTHORIZED UNDER THE FOLLOWING NEW YORK LAW
Reviewing the boxes provided, check the appropriate box relating to the entity.

3. ASSUMED NAME OF ENTITY
Type or print the assumed name for the business. Omit words like "Corporation," "Incorporated," "Limited," "Limited Liability Company," "Limited Partnership," or their abbreviations when typing/printing the assumed name.

4. PRINCIPAL PLACE OF BUSINESS IN NEW YORK STATE
Type or print the address of the business entity’s principal place of business in the state of New York. The address should include the number and the complete street address with city, state, and zip code. A post office box is not acceptable. Should the business have no address or place of business in the state of New York, type or print the principal out-of-state address instead.

5. COUNTY(IES) IN WHICH ENTITY DOES OR INTENDS TO DO BUSINESS.
With the boxes provided containing different counties, tick the boxes with the county or counties in which the entity does or intends to do business.

6. ADDRESS OF EACH LOCATION, INCLUDING NUMBER AND STREET, IF ANY, OF EACH PLACE WHERE THE ENTITY CARRIES ON OR TRANSACTS BUSINESS IN NEW YORK STATE.
Like item 4, type or print the address of each location where business will operate under the assumed name. It should be noted that the address(es) printed/typed in item 6 must be within the county(ies) ticked in item 5. If the entity does not have a specific location where it will conduct business under the assumed name, please indicate so.

Signing Requirements:
The Certificate of Assumed Name must be signed on behalf of the entity.
An officer of a corporation, a general partner of a limited partnership, or a member or manager of a limited liability company must sign the certificate.
In all cases, the certificate of assumed name may be signed by an attorney-in-fact or an authorized person for such entity. If the Certificate of Assumed Name is signed by an attorney-in-fact, include the name and title of the person for whom the attorney-in-fact is acting.

Filer:
The filer is the person where the receipt, evidencing the filing, will be mailed.
The person filing the Certificate of Assumed Name must have their name and mailing address inserted.

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