DBA for New York LLCOne of the most important parts of any business is its name. Your limited liability company’s name is your first impression with prospective clients, whether they hear about your business by word of mouth, drive past a billboard advertising your business on the freeway, or if they stumble upon your business as a result of a Google search.

One way to change your business name — or to add an additional name that your LLC can use interchangeably — is by filing a “doing business as” name application, commonly known as a DBA. There are many reasons to get a DBA — from marketing a new product line to granting a sole proprietorship the ability to use an assumed name — so this article will walk you through the process of registering a DBA for your New York LLC.

Keep in Mind: A DBA does not provide you with asset protection. However an LLC does and allows you to operate under the business name of your choice as long as it is not already claimed. Plus, it is fairly straightforward to file through an LLC formation service (like ZenBusiness) or on your own.
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What Is a DBA?

To begin, let’s quickly run down what exactly a DBA is. One point of confusion we often hear about is that a DBA is not a business entity, like an LLC, corporation, sole proprietorship, general partnership, etc. Instead, you can think of a DBA as an add-on feature of sorts.

The DBA allows you to create alternate business names for your entity, which you can then use interchangeably with your LLC’s official business name. In addition, for informal business entities that don’t have exclusive business names (like sole proprietorships and general partnerships), a DBA can be a great way to inject some additional professionalism into a business venture.

But let’s talk strictly about LLCs, shall we? Why would an LLC want an additional business name? There are several potential reasons, although they obviously vary considerably depending on what your business does. One popular reason is to differentiate a new product line from a company’s existing offerings.

Let’s say that you own a business called “Fine Footwear, LLC” that produces high-end shoes. If you decide to also start a new product line that sells inexpensive flip-flop sandals, you might want a way to differentiate this brand from your core business. In this circumstance, you could register a DBA for “Flip-Flops by Fine Footwear,” and you can use this name to market your new products, while your original product line remains unaffected if your sandal side business fails.

It could also be helpful if you decide to expand your local business into a new market. For instance, if you own a New York-based plumbing business called “Buffalo Plumbing,” and you want to expand beyond Buffalo, you can register a DBA for “Albany Plumbing” and use that name in the Albany market.

The state of New York includes more protections for DBA names than most states do because, in most states, there is no exclusivity for a DBA. If another business decides that they want to use your DBA as their own name, many states allow them to do just that. However, this state provides more legal protection than most. In New York, all DBA names must be unique and filing a DBA grants you the exclusive rights to that name.

How to Get a DBA for a New York LLC

First off, we’ll note that New York typically refers to DBAs as “assumed names,” but for the purposes of this article, we’ll continue to use both terms interchangeably because most states use the term “DBA.”

The process for obtaining a DBA in New York begins with a search of the state’s business database to make sure that the name you want to register is available. However, it’s important to note that this search does not include assumed names, so you will need to send an email to the Division of Corporations to ensure no one has used the name to register an assumed name.

Once you have determined the eligibility of your desired name, you can fill out the Certificate of Assumed Name. This form requires the following information: your LLC’s official business name, an indication that your business is an LLC, the assumed name you’re registering, your LLC’s business address, the county or counties where your LLC conducts business, the address of every business location your LLC has in New York, your name, your address, and your signature.

When you’re ready to file this form, you can submit it to the Division of Corporations by mail, by fax, or by hand. This filing has a $25 fee. The turnaround time for this filing is typically around seven business days, although there are expedited options available: 24-hour service for $25, same-day service for $75, or two-hour service for $150.

In Conclusion

To be honest, we often say that entrepreneurs shouldn’t bother with DBAs because they don’t provide any exclusivity for your business name. However, New York actually does a solid job in this regard compared to most states.

New York’s pledge to provide name exclusivity for any trade name registered here makes the DBA an interesting proposition in this state, and we wouldn’t hesitate to recommend this option to any of our readers.

If you’re looking for a new way to market your LLC in New York, a DBA isn’t a bad idea.

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