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Before going into the details, here is a quick checklist for registering a DBA in New York.
| Official Term | Assumed name (Certificate of Assumed Name) [1] |
|---|---|
| Filing Agency | New York Department of State, Division of Corporations, for LLCs, corporations, and limited partnerships; the county clerk in each county of business for sole proprietors and general partnerships [3] |
| Form | Certificate of Assumed Name (Department of State); county Business Certificate for sole proprietors and partnerships [1] |
| State Fee | $25 to the Department of State, plus a per-county fee for corporations ($100 per New York City county, $25 per county outside the city); no county fee for LLCs or limited partnerships. County clerk fees vary and are higher in New York City [2] |
| Processing Time | Filed on the date received; expedited service is available for $25 (24 hours), $75 (same day), or $150 (within 2 hours) [2] |
| Renewal Required | No. A New York Certificate of Assumed Name does not expire and has no renewal requirement [3] |
| Cancellation | File a Certificate of Discontinuance with the same office where the assumed name was filed [3] |
A DBA stands for "Doing Business As." It is an alternative name your business uses instead of its registered legal name. In New York, the official term is "assumed name," and the filing is called a Certificate of Assumed Name.
Any type of business can register an assumed name in New York. This includes sole proprietors, general partnerships, LLCs, and corporations. Under General Business Law Section 130, your filing path depends on your business structure. [3]
A DBA does not create a new legal entity. It does not change your tax status, your liability protection, or your ownership structure. It is only a name your business is authorized to operate under.
| Brand Fit | Commercial Banking | Multi-Entity Branding | Privacy & Trust |
|---|---|---|---|
| Sole proprietors operate under their personal names by default. An assumed name lets you do business under a professional brand instead. | New York banks generally require a filed Certificate of Assumed Name before opening a business account in a name other than your legal name. | One entity can run several brands or product lines under separate assumed names without forming a new company for each. | An assumed name keeps your personal identity off public branding and signals to customers that you are an established business. |
How you register an assumed name in New York depends on your business type. LLCs, corporations, and limited partnerships file a Certificate of Assumed Name with the New York Department of State, Division of Corporations. Sole proprietors and general partnerships file a Business Certificate with the county clerk in each county where they conduct business. [3]
Your assumed name should be distinguishable from names already in use so customers, banks, and the state can tell your business apart. Choosing a clear, unique name up front avoids confusion and protects your brand.
You can search existing entity names for free through the New York Department of State business entity database. If you are a sole proprietor or partnership filing at the county level, also check the records of the county clerk where you plan to file. [6]
New York's assumed name rules are straightforward, but a few hard limits apply.
| Your assumed name must be distinguishable | Match designators to your real structure | Restricted words require approval |
|---|---|---|
| Choose a name that is clearly different from names already on file so it is not confusingly similar to another business. | A sole proprietor should not use "LLC," "Inc.," or "Corp" in an assumed name. An organizational identifier should match your actual business structure. | Words such as "bank," "insurance," "trust," and similar regulated terms generally require approval from the relevant state agency before they can be used. [1] |
Run a trademark search at the U.S. Patent and Trademark Office (USPTO) as well. Filing an assumed name in New York gives you no trademark rights and does not stop a federal trademark holder from challenging your use of the name. [7]
Corporations, LLCs, and limited partnerships file a Certificate of Assumed Name with the New York Department of State, Division of Corporations. Sole proprietors and general partnerships file a Business Certificate with the county clerk in each county where they conduct business. [4]
| Situation | State Fee |
|---|---|
| Department of State filing (corporation, LLC, or limited partnership) | $25 base fee [2] |
| Corporation, additional per-county fee | $100 per county in New York City; $25 per county elsewhere [2] |
| County clerk filing (sole proprietor or general partnership) | Varies by county; about $100 in New York City counties and roughly $25 to $35 in many other counties [5] |
There is no per-county fee for LLCs or limited partnerships filing with the Department of State; the additional county fee applies only to corporations. [2]
Note: Fees are non-refundable. A rejected or incomplete filing must be corrected and submitted again.
The Department of State files the certificate on the date it is received. If you need it faster, expedited service is available for $25 within 24 hours, $75 the same day, or $150 within two hours. [2]
A corporation must keep a certified copy of the filed certificate available at its business address. Banks, vendors, and payment processors will ask for the filed certificate before they let you operate or accept funds under the assumed name. [3]
A New York Certificate of Assumed Name does not expire. There is no renewal requirement, but you must file an amended certificate if the facts change, and a Certificate of Discontinuance when you stop using the name. [3]
A DBA and an LLC are not the same thing. This is one of the most common points of confusion for new business owners, and getting it wrong can be costly.
A DBA is only a name. It does not create a legal entity. It does not protect your personal assets. If someone sues your business, your personal finances are exposed.
Forming an LLC means you are creating a separate legal entity. That separation generally protects your personal finances, home, and savings from business debts and lawsuits.
If you are a sole proprietor who wants a business name without incorporating, an assumed name is a fast, affordable option. If you want liability protection, you need an LLC or a corporation.
Many businesses do both: they form an LLC and then apply for a DBA to run a brand under a name different from the LLC legal name.
| Feature | DBA (Assumed Name) | LLC |
|---|---|---|
| Creates a legal entity | No | Yes |
| Personal asset protection | No | Yes |
| Changes the tax treatment | No | Can elect a different tax status |
| Required to operate under a different name | Yes, if the name differs from your legal name | No, the LLC name is its legal name |
| Cost to register | $25 state fee plus county fees + Swyft service fee | State filing fee + Swyft service fee |
Most New York assumed name problems come down to the same handful of errors. Here is what to watch out for before you file.
Corporations, LLCs, and limited partnerships file with the Department of State, while sole proprietors and general partnerships file with the county clerk in each county of business. Filing in the wrong place wastes time and money. [3]
A corporation pays the Department of State $25 plus a per-county fee that is $100 in each New York City county and $25 elsewhere. Listing the wrong counties or omitting the county fees gets the filing rejected. [2]
A sole proprietor cannot include "LLC," "Inc.," or "Corp" in an assumed name unless the business is actually organized that way. The designator must match your real structure.
Sole proprietors and partnerships must file a Business Certificate in each county where they conduct business, not just their home county. [3]
An assumed name is only a name. It does not create a legal entity and does not shield your personal finances. If you want protection, form an LLC.
State or county approval is not trademark clearance. A federal trademark holder could still force you to stop using the name. [7]
[1] New York Department of State. Certificate of Assumed Name for Domestic and Foreign Business Corporations. Accessed on June 4, 2026.
[2] New York Department of State. Instructions for Completing the Certificate of Assumed Name. Accessed on June 4, 2026.
[3] New York State Senate. General Business Law Section 130. Accessed on June 4, 2026.
[4] NYC Business. Business Certificate for Sole Proprietorships and General Partnerships. Accessed on June 4, 2026.
[5] Kings County Clerk. Filing a New Business Registration. Accessed on June 4, 2026.
[6] New York Department of State. Corporation and Business Entity Search. Accessed on June 4, 2026.
[7] U.S. Patent and Trademark Office (USPTO). Trademarks. Accessed on June 4, 2026.
[8] New York Department of State. Certificate of Assumed Name for Domestic and Foreign Limited Liability Companies. Accessed on June 4, 2026.
Doing Business As (DBA) rules are highly localized. Some states handle them regionally, while others use local counties. Select a state below to see how to register your brand name.