Small business · How to
How to register a DBA (assumed business name) in New York
Updated By The editorial teamNot reviewed by an attorney — based on the official sources below
In short
If you do business in New York under any name other than your real name — for example 'Bright Clean Services' instead of 'Maria Lopez' — you must file an assumed name certificate, often called a DBA ('doing business as') (General Business Law § 130). Sole proprietors and partnerships file with the county clerk in each county where they do business; corporations, LLCs and limited partnerships file with the Department of State. The county clerk's fee is $100 in New York City counties and $25 elsewhere. Without it, you can't sue on contracts made in that name until you file.
Read on for the details, the exceptions and the sources.
In plain words
- DBA / assumed name
- A business name that is different from your legal name (or your company's official name).
- Real name
- For a person, your own full name. For a corporation or LLC, the exact name in its formation papers.
- Acknowledged
- Signed in front of a notary public (or another official) who confirms who you are.
- County clerk
- The county office that keeps public records, including assumed name certificates for individuals and partnerships.
Where to go
- Individuals (sole proprietors) and general partnerships: the county clerk's office in each county where you conduct business (General Business Law § 130(1)(a)). In New York City, each borough is a separate county.
- Corporations, limited liability companies and limited partnerships: the New York Department of State, Division of Corporations, which forwards the filing to each county you list (§ 130(1)(b), (5)(b)). The Department's Certificate of Assumed Name form asks for the entity's real name, the assumed name, its principal place of business and each county and location where it does business.
What documents you need
- For individuals and partnerships: a certificate stating the business name, the address in that county where business is conducted, the full name and home address of each person conducting the business (including all partners), and the age of anyone under 18. It must be signed and acknowledged by everyone conducting the business (§ 130(1)(a)).
- For corporations, LLCs and limited partnerships: a certificate with the assumed name, the entity's real name, its principal place of business in New York, each county where it does or intends to do business, and the street address of each location in New York; it is signed by an officer, general partner, member, manager or authorized person (§ 130(1)(b)).
- Payment for the filing fee.
- If the business name includes what looks like a person's name, it must be your own name (or a partner's), have a stated historic or geographic meaning, or you must be a successor to the business that used it; the certificate must say which (§ 130(2)(a)).
Fees and costs
The fee to file an assumed name certificate with a county clerk is $100 in counties within New York City and $25 in all other counties (CPLR § 8021(b)(2)). Corporations, LLCs and limited partnerships pay the Department of State $25 (General Business Law § 130(5)(b)(1)), plus the county fee for each county listed in the certificate, which the Department collects and passes on (§ 130(5)(b)(2)). The county clerk charges no fee for filing a certificate of discontinuance (CPLR § 8021(b)(2)). Getting the certificate notarized and buying certified copies may cost extra; check with the clerk.
Deadlines
- Before you start: the law says no one may carry on business under an assumed name unless the certificate is filed (§ 130(1)).
- Changes: if the facts in the certificate change, or it was inaccurate, file an amended certificate within 30 days after the change (§ 130(3)).
- Closing down: when you stop using the name, you may file a certificate of discontinuance (§ 130(10)).
Step by step
Choose the name
It's wise to check the county clerk's index (and, for an entity, the Department of State's records) for similar names already in use. Remember the rules on names that look like a person's name.
Get the right form
Sole proprietors and partnerships: get the county clerk's assumed name form. Corporations, LLCs and limited partnerships: use the Department of State's Certificate of Assumed Name.
Fill it in and sign before a notary
Individuals and partners must sign and acknowledge the certificate — usually in front of a notary public.
File and pay
File with the county clerk in each county where you do business (or with the Department of State for an entity), and pay the fee.
Display it and use it
Display a certified copy of the certificate at each place of business (§ 130(4)).
What happens next
The clerk or the Department of State indexes your certificate, and a certified copy is presumptive evidence of the facts in it in New York courts (§ 130(6)). Keep it current with amended certificates.
Know what a DBA does not do. Filing does not give you any exclusive right to the name (§ 130(8-a)), and it does not create a company or protect your personal assets — it only registers the name you trade under. Failing to file has consequences: you can't sue on contracts made under the assumed name until the certificate is filed, and knowingly failing to comply or making a false statement in the certificate is a misdemeanor (§ 130(9)). Not filing does not affect the rights of the people you deal with (§ 130(8)).
Figures that change
- County clerk fee — counties in New York City: $100 (as of 2026-10-30; N.Y. Civil Practice Law and Rules)
- County clerk fee — other counties: $25 (as of 2026-10-30; N.Y. Civil Practice Law and Rules)
- Department of State fee (corporations, LLCs, LPs): $25 plus the county fee for each county listed (as of 2026-10-30; N.Y. General Business Law)
- Deadline to file an amended certificate: 30 days after a change (as of 2026-10-30; N.Y. General Business Law)
Frequently asked questions
Do I need a DBA if I use my own full name?
No. The requirement applies when you do business under a name other than your real name (General Business Law § 130(1)). 'Maria Lopez' doesn't need one; 'Maria Lopez Design Studio' or 'Bright Clean Services' generally does.
My LLC uses its exact registered name. Does it need a DBA?
No. A corporation's or LLC's real name is the name in its formation papers, including generally accepted abbreviations, and using a division or trade name together with the real name counts as using the real name (§ 130(1-a)).
Does a DBA protect my business name from others?
No. The law says that accepting a certificate doesn't confer any right to the trade name (§ 130(8-a)). Trademark protection is a separate matter.
I work in Brooklyn and Queens. Do I file twice?
As a sole proprietor, yes: you file with the county clerk of each county where you conduct business, and Brooklyn (Kings County) and Queens are separate counties (§ 130(1)(a)).
Want your own situation checked?
This page is general. Describe what happened, attach the letter or document you received, and get a free first answer — then, if you want, a full check against New York and federal law and a letter ready to send.
Check my situation — freeOfficial sources
This page was written from the sources below. “Checked” is the date the source was last opened and read.
- N.Y. General Business Law (opens in a new tab)New York State Senate — Open Legislation (official text of the Consolidated Laws) · § 130 · Checked: October 30, 2026Assumed name certificates: who files where, contents, amendments, display, effect of not filing
- N.Y. Civil Practice Law and Rules (opens in a new tab)New York State Senate — Open Legislation (official text of the Consolidated Laws) · § 8021(b)(2) · Checked: October 30, 2026County clerk fees for assumed name certificates
- Certificate of Assumed Name (form for corporations, LLCs and limited partnerships) — NYS Department of State (opens in a new tab)New York State Department of State, Division of Corporations · Checked: October 30, 2026Department of State's Certificate of Assumed Name for entities
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This page is general information based on the official sources listed, current as of the update date. It is not legal advice and does not replace a review of your own situation; if a case is already in court, a deadline is close, the amount is large, or there are criminal, immigration or family-law consequences, talk to a lawyer or legal aid.