New York DBA: How to File an Assumed Name or Business Certificate

If you're starting a business in New York and want to operate under a name different from your legal name, you need a DBA (doing business as). The filing process depends on your business structure: sole proprietors and partnerships file one way, while corporations and LLCs file another. This guide walks you through both systems, costs, and timelines so you know exactly what to expect.

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What Is a DBA in New York?

A DBA, also called an assumed name or trade name, is the public-facing name you use for business if it differs from your legal or registered name. Without filing a DBA, you cannot legally operate under the alternate name in New York. Customers and vendors need to know the true owner of the business, which is why the state requires registration.

Examples: a sole proprietor named John Smith opening a coffee shop called "Smith's Brew" needs a DBA. An LLC formed as "ABC Holdings LLC" but operating as "ABC Marketing Solutions" needs one too.

New York does not issue a single statewide general business license, but a DBA is one of the first registrations you must complete. You may also need separate licenses depending on your industry (food service, contractor, real estate, etc.), but that comes after the DBA.

Two Different Filing Systems in New York

New York splits DBA filings between two agencies depending on your business structure. Understanding which applies to you saves time and money.

System 1: County Clerk for Sole Proprietors and Partnerships

If you are a sole proprietor or a general partnership, you file a business certificate (also called a Certificate of Assumed Name) with the county clerk of each county where you do business. This is required by Section 130 of the New York General Business Law.

Who files here: sole proprietors, general partnerships.

Where to file: the county clerk's office of each county in which you conduct business. If you do business in multiple counties, you must file in each one.

County fees: most counties charge $25. However, the five New York City counties (Bronx, Kings, New York, Queens, and Richmond) charge $100 per filing. Erie County charges $25 for the filing, or $35 including certified copies. Each county sets its own fee, so confirm the exact amount with the specific county clerk before filing.

What you'll submit: a business certificate form (your county clerk's office provides it), which includes your legal name, the assumed business name, the address where you operate, the county, and how the business is organized (sole proprietor or partnership). Some counties allow you to file in person, by mail, or online through their portal.

System 2: New York Department of State for Corporations and LLCs

If you are a business corporation, an LLC, or a limited partnership, you file a Certificate of Assumed Name with the New York Department of State, Division of Corporations, State Records and Uniform Commercial Code. You file once with the state, not with individual county clerks.

Who files here: corporations, LLCs, limited partnerships.

Where to file: the New York Department of State online through the New York Business Express portal or by mail to their office.

State and county fees:

For LLCs and limited partnerships: $25 filing fee with the Department of State.
For corporations: $25 with the Department of State, plus a per-county fee if you file the assumed name in a specific county. Most counties charge an additional $25; the five New York City counties (Bronx, Kings, New York, Queens, and Richmond) each charge $100.

If you are incorporating or forming an LLC in New York, check whether the name you want is available and whether you need to reserve it before filing the assumed name. These are separate filings but often done around the same time.

Step-by-Step: Filing for Sole Proprietors and Partnerships (County Clerk)

Step 1: Determine which counties to file in. You must file in every county where you conduct business. If you have a physical office in Manhattan and sell products statewide online, you may only need to file in New York County (Manhattan), but discuss this with the county clerk if you're unsure.

Step 2: Obtain the business certificate form. Contact your county clerk's office or visit their website to download the form. It is usually a one-page document.

Step 3: Complete the form with:

Your full legal name (or all partners' names for a partnership).
Your home address or principal business address.
The assumed business name (the DBA you want to operate under).
The county where you file.
A description of your business.

Step 4: Sign and submit. Sign the form (some counties require a notarized signature; check your county's rules). Submit it to the county clerk by mail, in person, or online if available. Include the filing fee.

Step 5: Keep your filed certificate. New York does not require sole proprietors or partnerships to publish a business certificate in newspapers; publication is an LLC formation rule, not a DBA rule. Keep the clerk's filed copy, since banks usually ask for it.

Step-by-Step: Filing for Corporations and LLCs (Department of State)

Step 1: Verify your legal entity exists. Your corporation or LLC must already be registered with the New York Department of State. If you are still forming, incorporate or file your Articles of Organization first.

Step 2: Check that the assumed name is not too similar to your registered name. The Department of State has specific rules about what names are distinguishable. You can search existing business names at the Secretary of State's public inquiry website to avoid conflicts.

Step 3: Obtain the Certificate of Assumed Name form. Visit the Department of State website at dos.ny.gov or use the New York Business Express online filing portal to complete the form.

Step 4: Complete the form with:

Your entity's legal name and state of formation (if foreign).
Your entity's Department of State ID number (if already registered).
The assumed business name.
The address of the principal executive office.
The service of process address (where legal notices are served).
For corporations only: the county or counties where the name will be used (important for calculating county fees).

Step 5: Submit and pay fees. File through New York Business Express (online is faster) or by mail. The filing fee for LLCs and limited partnerships is $25. For corporations, you pay $25 to the state plus the applicable county fee ($25 per county outside New York City, or $100 per NYC county).

Step 6: Receive your filing receipt. If you file online through New York Business Express, you will receive a filing receipt by email the same business day. Mailed filings take longer; check the Department of State website for current processing times.

Costs: What You'll Actually Pay

Sole proprietor or partnership (single county, non-NYC): $25 filing fee. There is no newspaper publication requirement for a business certificate.

Sole proprietor or partnership (New York City county): $100 filing fee.

LLC or limited partnership (single assumed name): $25 to the Department of State.

Corporation filing in one non-NYC county: $25 state fee plus $25 county fee, total $50.

Corporation filing in one NYC county: $25 state fee plus $100 county fee, total $125.

Do not include trademark or copyright costs here; those are separate filings with the federal government and are optional (many small businesses skip them).

How Long Does It Take?

County clerk filings (sole proprietors and partnerships): Each county processes differently. File and ask for an expected timeline when you submit. There is no newspaper publication step, so the filing is complete once the clerk records your certificate.

Department of State filings (corporations and LLCs): Online filings through New York Business Express are reviewed the same business day, with a receipt returned by email. Mailed filings take longer; confirm the current standard processing time on the Department of State website before mailing.

When Do You Actually Need a DBA?

You need a DBA if your assumed business name differs from your legal name or your registered entity name. You do not need a DBA to operate under your legal name alone.

Examples where a DBA is required:

Sole proprietor John Smith operating as "Smith's Consulting."
ABC Holdings LLC operating as "Quick Logistics."
Partnership of Jane Doe and Bob Evans operating as "Doe Evans Accounting."

You cannot legally advertise or accept payment under the assumed name without having filed the DBA. It is one of the first steps after deciding on your business name, along with registering your legal entity (LLC, corporation, etc.) if you have one.

Next Steps After Filing Your DBA

After your DBA is filed with the county clerk or processed by the Department of State, you will:

Open a business bank account. Banks require the DBA or business certificate to verify your identity and business registration.
Register for an Employer Identification Number (EIN) with the IRS if you have employees or operate as a partnership or corporation.
Register with the New York Department of Taxation and Finance for sales tax, income tax withholding, or other state tax obligations if your business triggers them.
Obtain industry-specific licenses or permits (food service, contractor, real estate license, etc.) if your business requires them.
Register with your local city or county for a local business license if required (rules vary by location).

Where to File and What to Know

For sole proprietors and partnerships: Contact your county clerk's office directly. Find your county clerk online with a web search for "[County Name] County Clerk" plus "business certificate." Each county's office sets hours, accepts different filing methods, and may have unique forms.

For corporations and LLCs: Use the New York Business Express portal at businessexpress.ny.gov or mail your application to:

New York Department of State
Division of Corporations, State Records and Uniform Commercial Code
Albany, NY 12231

You can search existing registered names and learn more at dos.ny.gov/certificate-assumed-name-domestic-and-foreign-limited-liability-companies-0.

Important Disclaimer

This guide is informational and explains how New York's DBA filing process works. It is not legal or tax advice. Business formation involves legal and tax considerations that vary by structure, ownership, industry, and location. Before filing a DBA, consult a qualified attorney or accountant, particularly if you are registering a new business entity (LLC, corporation, partnership) at the same time or if your business operates in multiple states. This content reflects fees and procedures as of October 2026; confirm current fees and requirements with the Department of State or your county clerk before filing.