New York Business Name Search: How to Check and Reserve a Name
New York Business Name Search: How to Check and Reserve a Name
Starting a business in New York begins with a single critical decision: your business name. Before you invest time and money into forming your LLC or corporation, you need to know whether your chosen name is available. This guide walks you through the exact process of searching for business names in New York and protecting your choice through a formal reservation.
The good news is that New York's name search and reservation process is straightforward and affordable. You can complete it online in minutes using the official state database. The bad news is that many entrepreneurs skip this step or do it incompletely, wasting time on names they cannot use.
What You'll Need
Before you begin, gather these materials:
- Your proposed business name or names (have 3 to 5 options ready)
- An internet connection and web browser
- A credit card or debit card for the reservation fee (if you decide to reserve the name)
- Your business structure in mind (LLC, corporation, limited partnership, etc.)
- A pen and paper to note the exact name format the state will accept
You do not need an attorney, accountant, or business formation service to perform a name search. The search itself is free.
Step 1: Understand New York Name Requirements
New York has specific rules about what names are allowed for different business structures. These rules exist to prevent confusion and protect consumers.
For LLCs: Your name must contain the words "Limited Liability Company" or the abbreviation "LLC" or "L.L.C." That is non-negotiable. Examples of compliant names are "Smith Consulting LLC", "Main Street Ventures Limited Liability Company", or "Digital Solutions, L.L.C."
For Corporations: Your name must end with "Corporation", "Corp.", "Incorporated", "Inc.", "Company", or "Co." The specific ending depends on your articles of incorporation.
Restricted words: Section 204 of the Limited Liability Company Law prohibits certain words entirely and restricts others. Words like "bank", "insurance", or "university" require written approval from the appropriate state agency before you can use them. For example, if you want to use the word "bank" in your name, you must obtain written approval from the New York State Department of Financial Services first. Do not attempt to file without that approval.
If you plan to operate under a name different from your legal business name, you will need to file a separate Assumed Name certificate (also called a DBA). That is addressed in a separate step.
Step 2: Perform a Free Preliminary Search
Start with an informal search to see if your name idea already exists in the state system. This is not binding and does not reserve your name, but it saves you time before filing anything.
Visit the New York Department of State Business Search database. This is the official, free search tool maintained by the Department of State, Division of Corporations, State Records and Uniform Commercial Code.
Enter your proposed business name in the search box. The search is not case-sensitive and searches across LLCs, corporations, limited partnerships, and other business entities already registered with New York.
Review the results carefully. An exact match means the name is taken and you cannot use it. A partial match (for example, "Smith Consulting" when you want "Smith Consulting Group") requires judgment: if the names are similar enough that customers might confuse them, the state will likely reject your registration. When in doubt, assume the state will say no and move to your second choice.
Repeat this search with each of your three to five name options. By the time you finish, you should have at least one name that did not return an exact match.
Step 3: Check for Restricted Words and Special Approvals
If your name includes any words related to regulated industries, verify now that you can obtain approval before spending money.
Words requiring pre-approval include (but are not limited to):
- Bank, banking, banker, trust, trustee
- Insurance, insure, insurer
- University, college, school (in certain contexts)
- Medical, physician, doctor, hospital (context-dependent)
- Attorney, law firm, legal (context-dependent)
If your business name uses any of these words, contact the appropriate agency before reserving or filing your name. For financial services, contact the Department of Financial Services. For education, contact the Department of Education. For healthcare, contact the Department of Health. These approvals can take weeks, so do not assume your restricted word is approved just because the preliminary search succeeded.
Step 4: Reserve Your Business Name (Optional but Recommended)
At this point, you have confirmed that no exact match exists and that you do not need a restricted-word approval. You can proceed directly to filing your formation document (Articles of Organization for an LLC, Certificate of Incorporation for a corporation), or you can reserve the name first.
Reservation is optional but recommended if you are not ready to file formation papers immediately. A name reservation protects your name for 60 days while you prepare your formation paperwork, consult with an attorney, or organize your finances.
Reservation fee: $20 per name reservation.
Reservation duration: 60 days from the date the Department approves your reservation. If you need more time, you can extend the reservation twice, paying $20 each time, for a maximum total of 180 days of protection.
To reserve a name, visit the New York Business Express portal and complete the Application for Reservation of Name form. You will need to specify your intended business structure (LLC, corporation, etc.) because the reservation protects that name for that entity type only. In other words, you could reserve "Smith Consulting LLC" and someone else could still file "Smith Consulting, Inc." because the corporation name is not the same entity type.
The Department of State reviews name reservations the same business day if you file through the online portal. You will receive a filing receipt by email confirming your reservation number and the expiration date.
Step 5: Decide on a DBA or Assumed Name (If Needed)
Your business legal name and your operating name do not have to be identical. For example, your LLC might be legally named "Sarah's Wellness LLC" but you operate as "Serenity Health Coaching". That operating name is called a "doing business as" name or DBA.
If you plan to use a DBA, you must file a Certificate of Assumed Name with the New York Department of State after you form your LLC or corporation. The filing fee is $25. The DBA does not need to meet the LLC/Corp naming requirements (no "LLC" required), but it still cannot conflict with existing business names in the state.
Many entrepreneurs assume they can just use a DBA without formalizing it. In New York, operating under a DBA without filing the certificate is legally risky and can result in penalties. File the certificate before you start marketing under that name.
Step 6: Understand "Distinguishable" vs. Identical
The Department of State will reject your name if it is not "distinguishable" from existing names. This is a legal test that goes beyond a simple text match. Two names can be spelled differently but still fail the test if they sound the same or could confuse customers.
Example: "Petals & Stems Florist LLC" and "Petals and Stems Florist LLC" are considered the same name because the only difference is how the ampersand is written. The second application would be rejected.
Another example: "Best Insurance Solutions LLC" might conflict with an existing "Best Insurance LLC" because the core brand ("Best Insurance") is identical and a customer might confuse the two.
The state applies a "phonetic similarity" and "overall commercial impression" test. If you are unsure whether your name is too similar to an existing name, consider revising it. Trying to file a borderline name wastes your $20 reservation fee when the state denies it.
Tips and Common Mistakes to Avoid
Mistake 1: Searching only for your first-choice name. Have backup names ready. If your first choice is taken or too similar to an existing name, you already have alternatives. Otherwise, you will spend more time and money restarting the search.
Mistake 2: Assuming a domain name availability means the business name is available. These are two separate systems. A .com domain might be available even if a business with that name is already registered with New York. Check the state database, not just GoDaddy or Namecheap.
Mistake 3: Not planning for the LLC or Corp "tail"." If you want to reserve an LLC name, include "LLC" in your reservation request. Do not assume you can add it later. "Smith Consulting" and "Smith Consulting LLC" are treated as different names.
Mistake 4: Forgetting the 60-day expiration on name reservations. If you reserve a name and then get busy with other tasks, your reservation will expire after 60 days and the name becomes available to someone else. Mark your calendar for the expiration date and file your formation document or extend the reservation before that date.
Mistake 5: Overlooking restricted words. If your name includes "bank", "insurance", or other regulated terms, do not file anything without pre-approval. The state will reject it, waste your filing fee, and you will have to reapply later. Verify restricted words before reserving or filing.
Tip 1: Use an acronym if your intended name is long or complex. Acronyms are treated as separate names. "Main Street Community Development LLC" might conflict with an existing "Main Street Development LLC", but "MSCD LLC" probably will not. However, acronyms can be harder for customers to remember, so weigh this carefully.
Tip 2: Add a geographic descriptor if your name is generic. "Consulting LLC" is too generic and probably will not be approved, but "Buffalo Consulting LLC" or "Northeast Region Consulting LLC" adds specificity and improves your chances.
Tip 3: Save the exact name format the state database shows." When your name passes the search, write down exactly how it appears in the results, including capitalization and punctuation. That is the format you must use when filing your formation document. Small variations can cause the state to reject your filing.
Expected Results
If your name search succeeds (no exact match, no distinguishable-name conflict, no restricted words), you have two paths forward:
Option A: File your formation document immediately. Once you form your LLC or corporation, your business name is officially registered with New York and protected from that point forward. The name cannot be used by another business. Formation filing takes 5 to 10 business days through the standard process, or same-day to 24-hour expedited options are available for an added fee.
Option B: Reserve the name first. Pay $20, receive a reservation number, and get 60 days to prepare before filing your formation document. If you need more time, extend for $20 at 60-day marks (up to 180 days total). This does not register your business, only protects the name.
If your name search fails (exact match found or distinguishable-name conflict identified), revise your business name and start again. There is no appeals process for a rejected name; you must choose a different name and reapply.
Important Disclaimers
This content is informational only and does not constitute legal or tax advice. Business name laws are complex, and restricted-word approvals vary by industry. Consult a qualified New York business attorney if you have questions about name requirements, restricted words, or whether your name complies with state law before filing.
Additionally, registering a business name with New York does not grant you a trademark or protect your name outside New York's borders. Other states may allow similar names. If you plan to operate in multiple states or want nationwide name protection, consider filing a federal trademark with the U.S. Patent and Trademark Office (USPTO).
Related Formation Resources
Once your business name is secured, the next step is forming your business structure. Learn more about forming an LLC in New York or obtaining your business licenses and permits.
Frequently Asked Questions
Q: Is the name search free?
A: Yes. Searching the business database is free. The $20 fee only applies if you choose to formally reserve the name.
Q: How long does name reservation last?
A: 60 days. You can extend twice for $20 each, for a maximum of 180 days total.
Q: Can I use my name reservation to delay forming my business?
A: Yes. That is one of the purposes of reservation. However, once the 180-day maximum expires, the name is available to others. Eventually, you must either form your business or lose the name.
Q: What if I want to operate under a different name than my LLC or Corp name?
A: File a Certificate of Assumed Name (DBA) with the Department of State for $25. The DBA is filed separately after your business is formed.
Q: Do I need a lawyer to check my business name?
A: No. The search is free and straightforward. However, if your name uses restricted words or if you are concerned about trademark issues, consulting an attorney is wise.
Additional Resources
New York Department of State, Division of Corporations: https://dos.ny.gov/division-corporations-state-records-and-uniform-commercial-code
Free Business Search Database: https://apps.dos.ny.gov/publicInquiry/
Name Reservation Application: New York Business Express
Certificate of Assumed Name (DBA): https://dos.ny.gov/certificate-assumed-name-domestic-and-foreign-limited-liability-companies-0