When planning to start a New York LLC, first comes your big idea, your product or service, the meat and potatoes of your business. After all, that’s how you’ll build a dream business.
But after the initial rush of deciding to take your idea to market, you have to answer an important and pressing question: “what do I call it?”
Every LLC needs a name, preferably a catchy one, and specifically one that isn’t already in use. After all, despite how clever it may be, you can’t steal someone else’s name.
“But,” you may ask, “how do I know if a name is already in use?” It’s a good question. There are a lot of businesses in New York, and a lot of names to check. Fortunately, there’s an easy way to go about it: performing an LLC name search.
Don’t forget to get your business’ domain name so nobody else can use it. This will protect your brand and make things much easier for you later. Secure it easily through GoDaddy.
Reasons to Perform an LLC Name Search
Checking for New York LLC name availability is the most common reason to perform a search, but it’s far from the only one. Here are a few other reasons you might search for a name:
1) Finding Similar Names
You don’t want potential customers confusing you with another company, especially if that company is a competitor. Your proposed name might be available, but there could also be multiple businesses out there with deceivingly similar ones. If you don’t want your LLC getting mixed up with other businesses, this might prompt you to find a new name.
2) Checking Your Business Status
Once you’ve filed the Articles of Organization and started your New York LLC, you can periodically check its status by searching for your existing name. This will confirm your business’ good standing with the state and provide your Department of State ID, which is required for certain filings.
3) Registered Agent and Office Information
At some point, you might need to send a business service of process. Or, more positively, you might want to partner with them. In either case, you’ll need their New York registered agent name and office address, readily available through a name search.
4) Maintaining Current Business Information
When modifying your LLC’s information – like changing your registered agent or principal address to a member or a registered agent service – you will want to confirm the information that the Secretary of State already has on file. A name search will take care of this for you.
How to Perform a New York LLC Name Search
There are two different ways to perform a business name search: by mail and online. Which one you use depends entirely on your goal.
The New York Department of State maintains a searchable “Corporation & Business Entity Database” where you can search for existing businesses. This may seem like the easiest way to check for name availability, but unfortunately, it won’t give you official results. Instead, you must submit a written request with your proposed name to:
Department of State
Division of Corporations
One Commerce Plaza
99 Washington Avenue
Albany, NY 12231
On the other hand, when looking for a specific piece of business information, the Corporation & Business Entity Database is for you. Simply enter the company’s full or partial name in the search bar, then choose “Begins with,” “Contains,” or “Partial” from the dropdown box. Click the “Search the Database” button and scan the results. You can click on any of them to access the following information:
- Entity Name
- Department of State ID
- Initial Filing Date
- State of Jurisdiction
- Entity Type (LLC, Corporation, etc.)
- Entity Status
- Address for Process
- Registered Agent Name
- Registered Agent Address
- Name History
- Stock Information (if applicable)
This information comes in handy if you’re either trying to contact another business or check to confirm your LLC’s information is up to date.
What if My Name Is Unavailable?
So, you mailed in a name availability request with your proposed name, received a response and there it was: your precious name, already in use. What now?
If your LLC is domestic (formed in New York), your only option is to start brainstorming ideas for a different one. Just don’t use one that’s too similar. Then, when you’ve found an acceptable, available name, go ahead and either form your LLC or reserve the name for future use.
Is your LLC coming to New York from another state? For foreign entities, the process is slightly different. Your LLC has already been operating under an established name in other states, but if that name is unavailable in New York, you will need to designate a “fictitious name,” or a name that your LLC will use only for in-state business activities. The good news is that declaring a fictitious name is easy. You only need to include it on your Application for Authority when you foreign qualify your LLC.
How to Make a New York LLC Name Distinguishable
Whether you’re registering an actual or fictitious name, it must adhere to New York’s business naming requirements. According to the Consolidated Laws, Section 204, your LLC name must:
- Contain the words “Limited Liability Company” or the abbreviations “L.L.C.” or “LLC.”
- Not use any of the words prohibited by the state or any restricted words without meeting the appropriate requirements. Find a full list here.
- Be distinguishable from all other registered and reserved business entity names on file with the Department of State.
But what determines distinguishability? If you’re looking to make your name unique, making changes to the following elements won’t be enough on their own:
- Singular, plural, and possessive forms of the same word
- Verb tense
- Articles – “a,” “an,” or “the”
- Conjunctions like “and” and “or”
- Common abbreviations
- Special characters
- Business type indicators like LLC, Ltd., Inc., or LP
- Derivatives of the same keyword
Essentially, to create a fully distinguishable name, you must change the name itself, not just the syntax. To create a truly unique name, you must make significant changes to one or more of the name’s keywords. Try rearranging words, adding or removing keywords, using different spelling, or finding synonyms. This will give you a distinguishable name without having to completely scrap your idea.
What you do next depends entirely on what your goal is. If you’re checking for name availability and your name is free in New York, you can proceed to reserve it and use it on your Articles of Organization.
Reserving a New York business name costs $20 and it holds your name for 60 days. But it’s most useful if you aren’t ready to start your business yet. If your LLC is ready to go, use the name on your Articles of Organization instead and it will automatically register your name.
Need Help Starting an LLC?
As we mentioned earlier, an LLC formation service can take care of all the paperwork for you. Using a formation service guarantees that your filings will be completed and submitted correctly. It also eliminates the stress of doing it yourself and gives you more time to develop your business plan, network, or just relax.
We invite you to take a look at our complete guide to all of the top options, but we’ll also quickly run down three of the most popular companies right here.
- ZenBusiness ($49) – ZenBusiness offers a well-rounded LLC formation package at a great low rate. Their standard LLC package includes a year of annual report service. ZenBusiness also receives stellar customer feedback, plus it’s a public benefit corporation that gives back to the communities it serves.
- Northwest Registered Agent ($39) – Northwest offers a bit more of a premium service and we think it’s worth it. Northwest includes a year of its industry-best registered agent service with the purchase of any LLC formation package. They also offer the best customer support in this industry, with knowledgeable representatives who are familiar with the details of business formation processes in every state.
- LegalZoom ($79) – For most people, LegalZoom is the first name that comes to mind for LLC services. With millions of clients, it’s easy to see why. LegalZoom’s pricing and features may not compete on an equal playing field with ZenBusiness and Northwest, but its brand power is second to none, it receives solid customer reviews, and it has a strong money-back guarantee.
Frequently Asked Questions
Which words are restricted from usage for LLC names in New York?
New York has many more restricted words than most states, as they number in the dozens. For a complete list of these words, take a look at this resource from the Department of State.
Is it necessary to reserve my business name before forming my New York LLC?
No. In fact, Alabama is the only state that requires entrepreneurs to reserve a business name before forming an LLC. In New York and the other 48 states, this is an optional and largely unnecessary step.
How many small businesses are there in New York today?
The state of New York is home to more than 610,000 small businesses. Entrepreneurs of all backgrounds and business types find that New York is a great place to own and operate a small business.
What are the top small business resources and websites in New York?
The New York chapter of the Small Business Development Center is a great place to start, as they offer a wide variety of tools and resources for New York LLCs. The U.S. Small Business Administration’s New York District Office is another valuable resource, and the state’s small business resource page also has plenty of good info.
What Is the Total Expected Cost of Operating an LLC in New York?
The overall costs of operating a New York LLC can vary considerably based on the specifics of your business. However, we created a helpful guide to help you identify and plan for every expense your LLC will face in this state.
Should I Use an LLC Service, Hire an Attorney, or Form My Own LLC?
The answer to this question lies in your personal preferences, but we can give some general pointers. An attorney will cost the most by a mile, but also provides expertise you won’t find with the other options. The DIY route is free of charge, but can require quite a bit of legwork and provides no peace of mind that the process is being completed correctly.
Using an LLC service means your business will be formed by professionals who know what they’re doing, while also costing significantly less than a lawyer. This “best of both worlds” attribute is what makes LLC services our preferred option.