New York · checked 2026-09-02 · Source-backed guide
New York assumed name filing guide
Choose your entity and local filing office
This state overview includes local filing rules. Choose your entity below, then confirm the office for the location where you do business. A county example or fee in the sources is not a statewide filing destination or a quote for your selected office.
If your location is not listed, use the local authority described in the entity rules below. We do not have a reviewed local answer for every location.
What New York calls a DBA
The official term documented here is assumed name.
New York's official term for a DBA is the "assumed name" certificate, and for unincorporated businesses the filing is commonly called a "business certificate."
New York State Business Law Section 130 prohibits anyone from doing business under a name other than his / her own (as a sole proprietorship) or as a partnership unless an Assumed Name Certificate is filed in the Clerk's Office. These certificates are also referred to as "Doing Business As" (DBA) certificates, or more correctly, Business Certificates or Assumed Name Certificates. Business certificates must contain specific information, such as the names, addresses, and ages (if under 18) of the persons filing the Certificate. A Business Certificate form for filing can be obtained from one of the various legal stationery stores or via our Business Center page.
Certificate of Assumed Name (filed with the New York Department of State)
The governing statute is Section 130 of the New York General Business Law, titled "Filing of certificates by persons conducting business under assumed name or as partners."
New York State Business Law Section 130 prohibits anyone from doing business under a name other than his / her own (as a sole proprietorship) or as a partnership unless an Assumed Name Certificate is filed in the Clerk's Office. These certificates are also referred to as "Doing Business As" (DBA) certificates, or more correctly, Business Certificates or Assumed Name Certificates. Business certificates must contain specific information, such as the names, addresses, and ages (if under 18) of the persons filing the Certificate. A Business Certificate form for filing can be obtained from one of the various legal stationery stores or via our Business Center page.
Such person, if other than a corporation, limited partnership or limited liability company, shall file in the office of the clerk of each county in which such business is conducted or transacted a certificate setting forth the name or designation under which and the address within the county at which such business is conducted or transacted, the full name or names of the person or persons conducting or transacting the same, including the names of all partners, with the residence address of each such person, and the age of any person less than eighteen years of age.
No person shall hereafter (i) carry on or conduct or transact business in this state under any name or designation other than his or its real name, or (ii) carry on or conduct or transact business in this state as a member of a partnership, unless: (a) Such person, if other than a corporation, limited partnership or limited liability company, shall file in the office of the clerk of each county in which such business is conducted or transacted a certificate setting forth the name or designation under which and the address within the county at which such business is conducted or transacted.
Subdivision one of this section shall not apply to a person who, or a partnership which, has duly filed a certificate of continued use of firm name under article seven of the partnership law, or to a private banker duly authorized by the superintendent of financial services to engage in business pursuant to the provisions of the banking law or to a partnership of attorneys and counsellors-at-law engaged in the practice of their profession.
Each certificate shall be executed and duly acknowledged by the person or, if there be more than one, by all of the persons conducting the business.
Such person, if a corporation, limited partnership or limited liability company, shall file, together with the fees as set forth in subdivision five of this section, in the office of the secretary of state a certificate setting forth the name or designation under which business is carried on or conducted or transacted, its corporate, limited partnership or limited liability company name, the location including number and street, if any, of its principal place of business in the state, the name of each county in which it does business or intends to do business, and the location including number and street, if any, of each place where it carries on or conducts or transacts business in this state.
The use by a corporation, limited partnership or limited liability company of a divisional, departmental or trade name or designation, in conjunction with the real name of the corporation, limited partnership or limited liability company, shall be deemed to be the use of the real name of the corporation, limited partnership or limited liability company, for purposes of this section.
A corporation which carries on or conducts or transacts business in this state as a member of a partnership or limited liability company shall not be required solely by reason thereof to file the certificate required by this paragraph if the partners shall have filed the certificate required by paragraph (a) of this subdivision.
Individuals conducting business under a name other than their real name, and partnerships, file a certificate in the office of the clerk of each county in which the business is conducted or transacted.
Such person, if other than a corporation, limited partnership or limited liability company, shall file in the office of the clerk of each county in which such business is conducted or transacted a certificate setting forth the name or designation under which and the address within the county at which such business is conducted or transacted, the full name or names of the person or persons conducting or transacting the same, including the names of all partners, with the residence address of each such person, and the age of any person less than eighteen years of age.
County clerk of each county in which the business is conducted or transacted
No person shall hereafter (i) carry on or conduct or transact business in this state under any name or designation other than his or its real name, or (ii) carry on or conduct or transact business in this state as a member of a partnership, unless: (a) Such person, if other than a corporation, limited partnership or limited liability company, shall file in the office of the clerk of each county in which such business is conducted or transacted a certificate setting forth the name or designation under which and the address within the county at which such business is conducted or transacted.
Subdivision one of this section shall not apply to a person who, or a partnership which, has duly filed a certificate of continued use of firm name under article seven of the partnership law, or to a private banker duly authorized by the superintendent of financial services to engage in business pursuant to the provisions of the banking law or to a partnership of attorneys and counsellors-at-law engaged in the practice of their profession.
Each certificate shall be executed and duly acknowledged by the person or, if there be more than one, by all of the persons conducting the business.
Certificate of Assumed Name (filed with the New York Department of State)
Such person, if a corporation, limited partnership or limited liability company, shall file, together with the fees as set forth in subdivision five of this section, in the office of the secretary of state a certificate setting forth the name or designation under which business is carried on or conducted or transacted, its corporate, limited partnership or limited liability company name, the location including number and street, if any, of its principal place of business in the state, the name of each county in which it does business or intends to do business, and the location including number and street, if any, of each place where it carries on or conducts or transacts business in this state.
The use by a corporation, limited partnership or limited liability company of a divisional, departmental or trade name or designation, in conjunction with the real name of the corporation, limited partnership or limited liability company, shall be deemed to be the use of the real name of the corporation, limited partnership or limited liability company, for purposes of this section.
A corporation which carries on or conducts or transacts business in this state as a member of a partnership or limited liability company shall not be required solely by reason thereof to file the certificate required by this paragraph if the partners shall have filed the certificate required by paragraph (a) of this subdivision.
Official destination title: Assumed Name Filings | Erie County Clerk Michael P. Kearns
New York State Business Law Section 130 prohibits anyone from doing business under a name other than his / her own (as a sole proprietorship) or as a partnership unless an Assumed Name Certificate is filed in the Clerk's Office. These certificates are also referred to as "Doing Business As" (DBA) certificates, or more correctly, Business Certificates or Assumed Name Certificates. Business certificates must contain specific information, such as the names, addresses, and ages (if under 18) of the persons filing the Certificate. A Business Certificate form for filing can be obtained from one of the various legal stationery stores or via our Business Center page.
- One original signed and notarized Certificate is filed in the Clerk's Office. - The fee of $35.00 covers the filing - A certified copy for the filer's record and a certified copy for a business bank account.
Assumed Name Certificates may be filed in the Clerk’s Office for general partnerships. Again, a list of filed Certificates, while not indexed specifically as partnerships, may be searched at the Clerk’s Office to ensure that the desired name has not already been chosen by another entity. The Partnership Certificate must be signed by all partners and notarized. The form for filing can be obtained from one of the various legal stationery stores or on our Starting a Business Home Page.
Currently, Certificates of Incorporation, Articles of Organization for limited liability companies and limited liability partnerships, as well as any Assumed Name Certificates for corporations, limited liability companies, and limited liability partnerships or limited partnerships, are filed with the New York Department of State, which may then forward copies to the Erie County Clerk, at the request of the filer. More information may be found at www.dos.ny.gov.
Official destination title: Department of State | Department of State
Corporations, limited partnerships, and limited liability companies instead file a certificate in the office of the secretary of state — the New York Department of State — listing the name of each county in which the entity does business or intends to do business.
Such person, if other than a corporation, limited partnership or limited liability company, shall file in the office of the clerk of each county in which such business is conducted or transacted a certificate setting forth the name or designation under which and the address within the county at which such business is conducted or transacted, the full name or names of the person or persons conducting or transacting the same, including the names of all partners, with the residence address of each such person, and the age of any person less than eighteen years of age.
County clerk of each county in which the business is conducted or transacted
No person shall hereafter (i) carry on or conduct or transact business in this state under any name or designation other than his or its real name, or (ii) carry on or conduct or transact business in this state as a member of a partnership, unless: (a) Such person, if other than a corporation, limited partnership or limited liability company, shall file in the office of the clerk of each county in which such business is conducted or transacted a certificate setting forth the name or designation under which and the address within the county at which such business is conducted or transacted.
Subdivision one of this section shall not apply to a person who, or a partnership which, has duly filed a certificate of continued use of firm name under article seven of the partnership law, or to a private banker duly authorized by the superintendent of financial services to engage in business pursuant to the provisions of the banking law or to a partnership of attorneys and counsellors-at-law engaged in the practice of their profession.
Each certificate shall be executed and duly acknowledged by the person or, if there be more than one, by all of the persons conducting the business.
Certificate of Assumed Name (filed with the New York Department of State)
Such person, if a corporation, limited partnership or limited liability company, shall file, together with the fees as set forth in subdivision five of this section, in the office of the secretary of state a certificate setting forth the name or designation under which business is carried on or conducted or transacted, its corporate, limited partnership or limited liability company name, the location including number and street, if any, of its principal place of business in the state, the name of each county in which it does business or intends to do business, and the location including number and street, if any, of each place where it carries on or conducts or transacts business in this state.
The use by a corporation, limited partnership or limited liability company of a divisional, departmental or trade name or designation, in conjunction with the real name of the corporation, limited partnership or limited liability company, shall be deemed to be the use of the real name of the corporation, limited partnership or limited liability company, for purposes of this section.
A corporation which carries on or conducts or transacts business in this state as a member of a partnership or limited liability company shall not be required solely by reason thereof to file the certificate required by this paragraph if the partners shall have filed the certificate required by paragraph (a) of this subdivision.
Official destination title: Assumed Name Filings | Erie County Clerk Michael P. Kearns
New York State Business Law Section 130 prohibits anyone from doing business under a name other than his / her own (as a sole proprietorship) or as a partnership unless an Assumed Name Certificate is filed in the Clerk's Office. These certificates are also referred to as "Doing Business As" (DBA) certificates, or more correctly, Business Certificates or Assumed Name Certificates. Business certificates must contain specific information, such as the names, addresses, and ages (if under 18) of the persons filing the Certificate. A Business Certificate form for filing can be obtained from one of the various legal stationery stores or via our Business Center page.
- One original signed and notarized Certificate is filed in the Clerk's Office. - The fee of $35.00 covers the filing - A certified copy for the filer's record and a certified copy for a business bank account.
Assumed Name Certificates may be filed in the Clerk’s Office for general partnerships. Again, a list of filed Certificates, while not indexed specifically as partnerships, may be searched at the Clerk’s Office to ensure that the desired name has not already been chosen by another entity. The Partnership Certificate must be signed by all partners and notarized. The form for filing can be obtained from one of the various legal stationery stores or on our Starting a Business Home Page.
Currently, Certificates of Incorporation, Articles of Organization for limited liability companies and limited liability partnerships, as well as any Assumed Name Certificates for corporations, limited liability companies, and limited liability partnerships or limited partnerships, are filed with the New York Department of State, which may then forward copies to the Erie County Clerk, at the request of the filer. More information may be found at www.dos.ny.gov.
Official destination title: Department of State | Department of State
The statute sets the secretary of state's fee at twenty-five dollars, and the CPLR sets the county clerk fee for a Section 130 certificate at one hundred dollars in counties within the city of New York and twenty-five dollars in all other counties.
County clerk of each county in which the business is conducted or transacted
For filing any certificate pursuant to section one hundred thirty of the general business law, in counties within the city of New York, one hundred dollars, and in all other counties, twenty-five dollars.
Certificate of Assumed Name (filed with the New York Department of State)
the secretary of state shall receive a fee of twenty-five dollars ($25.00)
Official destination title: Assumed Name Filings | Erie County Clerk Michael P. Kearns
New York State Business Law Section 130 prohibits anyone from doing business under a name other than his / her own (as a sole proprietorship) or as a partnership unless an Assumed Name Certificate is filed in the Clerk's Office. These certificates are also referred to as "Doing Business As" (DBA) certificates, or more correctly, Business Certificates or Assumed Name Certificates. Business certificates must contain specific information, such as the names, addresses, and ages (if under 18) of the persons filing the Certificate. A Business Certificate form for filing can be obtained from one of the various legal stationery stores or via our Business Center page.
Currently, Certificates of Incorporation, Articles of Organization for limited liability companies and limited liability partnerships, as well as any Assumed Name Certificates for corporations, limited liability companies, and limited liability partnerships or limited partnerships, are filed with the New York Department of State, which may then forward copies to the Erie County Clerk, at the request of the filer. More information may be found at www.dos.ny.gov.
Official destination title: Department of State | Department of State
A certified copy of the original certificate, or of the most recent amended certificate, must be conspicuously displayed at each place where the business is conducted.
New York State Business Law Section 130 prohibits anyone from doing business under a name other than his / her own (as a sole proprietorship) or as a partnership unless an Assumed Name Certificate is filed in the Clerk's Office. These certificates are also referred to as "Doing Business As" (DBA) certificates, or more correctly, Business Certificates or Assumed Name Certificates. Business certificates must contain specific information, such as the names, addresses, and ages (if under 18) of the persons filing the Certificate. A Business Certificate form for filing can be obtained from one of the various legal stationery stores or via our Business Center page.
Whenever a certificate which has been filed under this section does not accurately set forth the facts required by this section, or within thirty days after there has been a change in such facts, an amended certificate shall be filed which shall identify the original certificate and incorporate the corrections or changes.
Certificate of Assumed Name (filed with the New York Department of State)
The statute provides that a knowing failure to comply is a misdemeanor, and that a noncomplying business may not maintain an action in New York courts on a contract made in a name other than its real name until the required certificate is filed.
New York State Business Law Section 130 prohibits anyone from doing business under a name other than his / her own (as a sole proprietorship) or as a partnership unless an Assumed Name Certificate is filed in the Clerk's Office. These certificates are also referred to as "Doing Business As" (DBA) certificates, or more correctly, Business Certificates or Assumed Name Certificates. Business certificates must contain specific information, such as the names, addresses, and ages (if under 18) of the persons filing the Certificate. A Business Certificate form for filing can be obtained from one of the various legal stationery stores or via our Business Center page.
An official name-search entry point for New York is not confirmed in this guide. Could not be confirmed because the official source blocked access. A search elsewhere is not a substitute for the filing authority’s own records.
Rules by legal entity type
Jump to the entity that already exists. Each section keeps its own authority, fee, exceptions, and official evidence.
Local filing route: confirm the county, parish, city or town office identified by the authority and applicability below. The following forms, fees and office details are references from the cited jurisdiction; confirm they apply to your location before using them. Check reviewed local filing choices →
Required: Yes, when the documented conditions apply.Source: www.nysenate.gov official record · retrieved Supporting excerptSuch person, if other than a corporation, limited partnership or limited liability company, shall file in the office of the clerk of each county in which such business is conducted or transacted a certificate setting forth the name or designation under which and the address within the county at which such business is conducted or transacted, the full name or names of the person or persons conducting or transacting the same, including the names of all partners, with the residence address of each such person, and the age of any person less than eighteen years of age.
Authority: County clerk of each county in which the business is conducted or transactedSource: www.nysenate.gov official record · retrieved Supporting excerptCounty clerk of each county in which the business is conducted or transacted
When this route applies: No person shall hereafter (i) carry on or conduct or transact business in this state under any name or designation other than his or its real name, or (ii) carry on or conduct or transact business in this state as a member of a partnership, unless: (a) Such person, if other than a corporation, limited partnership or limited liability company, shall file in the office of the clerk of each county in which such business is conducted or transacted a certificate setting forth the name or designation under which and the address within the county at which such business is conducted or transacted.Source: www.nysenate.gov official record · retrieved Supporting excerptNo person shall hereafter (i) carry on or conduct or transact business in this state under any name or designation other than his or its real name, or (ii) carry on or conduct or transact business in this state as a member of a partnership, unless: (a) Such person, if other than a corporation, limited partnership or limited liability company, shall file in the office of the clerk of each county in which such business is conducted or transacted a certificate setting forth the name or designation under which and the address within the county at which such business is conducted or transacted.
Local filing reference — Official form: Business Certificates or Assumed Name CertificatesSource: www4.erie.gov official record · retrieved Supporting excerptNew York State Business Law Section 130 prohibits anyone from doing business under a name other than his / her own (as a sole proprietorship) or as a partnership unless an Assumed Name Certificate is filed in the Clerk's Office. These certificates are also referred to as "Doing Business As" (DBA) certificates, or more correctly, Business Certificates or Assumed Name Certificates. Business certificates must contain specific information, such as the names, addresses, and ages (if under 18) of the persons filing the Certificate. A Business Certificate form for filing can be obtained from one of the various legal stationery stores or via our Business Center page.
Local filing reference — Form destination: Not confirmed in this guide.
Local filing reference — Online filing link: Not confirmed in this guide.
Local filing reference — Official fee: For filing any certificate pursuant to section one hundred thirty of the general business law, in counties within the city of New York, one hundred dollars, and in all other counties, twenty-five dollars.Source: www.nysenate.gov official record · retrieved Supporting excerptFor filing any certificate pursuant to section one hundred thirty of the general business law, in counties within the city of New York, one hundred dollars, and in all other counties, twenty-five dollars.
Local filing reference — Effective duration: Not confirmed in this guide.
Local filing reference — Renewal: Not confirmed in this guide.
Local filing reference — Changes or amendments: Whenever a certificate which has been filed under this section does not accurately set forth the facts required by this section, or within thirty days after there has been a change in such facts, an amended certificate shall be filed which shall identify the original certificate and incorporate the corrections or changes.Source: www.nysenate.gov official record · retrieved Supporting excerptWhenever a certificate which has been filed under this section does not accurately set forth the facts required by this section, or within thirty days after there has been a change in such facts, an amended certificate shall be filed which shall identify the original certificate and incorporate the corrections or changes.
Local filing reference — Abandonment or cancellation: If the business for which a certificate is filed under this section is discontinued, or the conditions under which it is conducted are such that the filing of a certificate in such county or with the secretary of state is no longer required, a certificate of discontinuance may be filed with the county clerk with whom the original certificate was filedSource: www.nysenate.gov official record · retrieved Supporting excerptIf the business for which a certificate is filed under this section is discontinued, or the conditions under which it is conducted are such that the filing of a certificate in such county or with the secretary of state is no longer required, a certificate of discontinuance may be filed with the county clerk with whom the original certificate was filed
Local filing reference — Important exclusions: Subdivision one of this section shall not apply to a person who, or a partnership which, has duly filed a certificate of continued use of firm name under article seven of the partnership law, or to a private banker duly authorized by the superintendent of financial services to engage in business pursuant to the provisions of the banking law or to a partnership of attorneys and counsellors-at-law engaged in the practice of their profession.Source: www.nysenate.gov official record · retrieved Supporting excerptSubdivision one of this section shall not apply to a person who, or a partnership which, has duly filed a certificate of continued use of firm name under article seven of the partnership law, or to a private banker duly authorized by the superintendent of financial services to engage in business pursuant to the provisions of the banking law or to a partnership of attorneys and counsellors-at-law engaged in the practice of their profession.
Local filing reference — Mail filing: Not confirmed in this guide.
Local filing reference — In-person filing: One original signed and notarized Certificate is filed in the Clerk's Office.Source: www4.erie.gov official record · retrieved Supporting excerpt- One original signed and notarized Certificate is filed in the Clerk's Office. - The fee of $35.00 covers the filing - A certified copy for the filer's record and a certified copy for a business bank account.
General partnership
Local filing route: confirm the county, parish, city or town office identified by the authority and applicability below. The following forms, fees and office details are references from the cited jurisdiction; confirm they apply to your location before using them. Check reviewed local filing choices →
Required: Yes, when the documented conditions apply.Source: www.nysenate.gov official record · retrieved Supporting excerptEach certificate shall be executed and duly acknowledged by the person or, if there be more than one, by all of the persons conducting the business.
Authority: County clerk of each county in which the business is conducted or transactedSource: www.nysenate.gov official record · retrieved Supporting excerptCounty clerk of each county in which the business is conducted or transacted
When this route applies: No person shall hereafter (i) carry on or conduct or transact business in this state under any name or designation other than his or its real name, or (ii) carry on or conduct or transact business in this state as a member of a partnership, unless: (a) Such person, if other than a corporation, limited partnership or limited liability company, shall file in the office of the clerk of each county in which such business is conducted or transacted a certificate setting forth the name or designation under which and the address within the county at which such business is conducted or transacted.Source: www.nysenate.gov official record · retrieved Supporting excerptNo person shall hereafter (i) carry on or conduct or transact business in this state under any name or designation other than his or its real name, or (ii) carry on or conduct or transact business in this state as a member of a partnership, unless: (a) Such person, if other than a corporation, limited partnership or limited liability company, shall file in the office of the clerk of each county in which such business is conducted or transacted a certificate setting forth the name or designation under which and the address within the county at which such business is conducted or transacted.
Local filing reference — Official form: Business Certificates or Assumed Name CertificatesSource: www4.erie.gov official record · retrieved Supporting excerptNew York State Business Law Section 130 prohibits anyone from doing business under a name other than his / her own (as a sole proprietorship) or as a partnership unless an Assumed Name Certificate is filed in the Clerk's Office. These certificates are also referred to as "Doing Business As" (DBA) certificates, or more correctly, Business Certificates or Assumed Name Certificates. Business certificates must contain specific information, such as the names, addresses, and ages (if under 18) of the persons filing the Certificate. A Business Certificate form for filing can be obtained from one of the various legal stationery stores or via our Business Center page.
Local filing reference — Form destination: Not confirmed in this guide.
Local filing reference — Online filing link: Not confirmed in this guide.
Local filing reference — Official fee: For filing any certificate pursuant to section one hundred thirty of the general business law, in counties within the city of New York, one hundred dollars, and in all other counties, twenty-five dollars.Source: www.nysenate.gov official record · retrieved Supporting excerptFor filing any certificate pursuant to section one hundred thirty of the general business law, in counties within the city of New York, one hundred dollars, and in all other counties, twenty-five dollars.
Local filing reference — Effective duration: Not confirmed in this guide.
Local filing reference — Renewal: Not confirmed in this guide.
Local filing reference — Changes or amendments: Whenever a certificate which has been filed under this section does not accurately set forth the facts required by this section, or within thirty days after there has been a change in such facts, an amended certificate shall be filed which shall identify the original certificate and incorporate the corrections or changes.Source: www.nysenate.gov official record · retrieved Supporting excerptWhenever a certificate which has been filed under this section does not accurately set forth the facts required by this section, or within thirty days after there has been a change in such facts, an amended certificate shall be filed which shall identify the original certificate and incorporate the corrections or changes.
Local filing reference — Abandonment or cancellation: If the business for which a certificate is filed under this section is discontinued, or the conditions under which it is conducted are such that the filing of a certificate in such county or with the secretary of state is no longer required, a certificate of discontinuance may be filed with the county clerk with whom the original certificate was filedSource: www.nysenate.gov official record · retrieved Supporting excerptIf the business for which a certificate is filed under this section is discontinued, or the conditions under which it is conducted are such that the filing of a certificate in such county or with the secretary of state is no longer required, a certificate of discontinuance may be filed with the county clerk with whom the original certificate was filed
Local filing reference — Important exclusions: Subdivision one of this section shall not apply to a person who, or a partnership which, has duly filed a certificate of continued use of firm name under article seven of the partnership law, or to a private banker duly authorized by the superintendent of financial services to engage in business pursuant to the provisions of the banking law or to a partnership of attorneys and counsellors-at-law engaged in the practice of their profession.Source: www.nysenate.gov official record · retrieved Supporting excerptSubdivision one of this section shall not apply to a person who, or a partnership which, has duly filed a certificate of continued use of firm name under article seven of the partnership law, or to a private banker duly authorized by the superintendent of financial services to engage in business pursuant to the provisions of the banking law or to a partnership of attorneys and counsellors-at-law engaged in the practice of their profession.
Local filing reference — Mail filing: Not confirmed in this guide.
Local filing reference — In-person filing: The Partnership Certificate must be signed by all partners and notarized.Source: www4.erie.gov official record · retrieved Supporting excerptAssumed Name Certificates may be filed in the Clerk’s Office for general partnerships. Again, a list of filed Certificates, while not indexed specifically as partnerships, may be searched at the Clerk’s Office to ensure that the desired name has not already been chosen by another entity. The Partnership Certificate must be signed by all partners and notarized. The form for filing can be obtained from one of the various legal stationery stores or on our Starting a Business Home Page.
LLC
Required: Yes, when the documented conditions apply.Source: www.nysenate.gov official record · retrieved Supporting excerptSuch person, if a corporation, limited partnership or limited liability company, shall file, together with the fees as set forth in subdivision five of this section, in the office of the secretary of state a certificate setting forth the name or designation under which business is carried on or conducted or transacted, its corporate, limited partnership or limited liability company name, the location including number and street, if any, of its principal place of business in the state, the name of each county in which it does business or intends to do business, and the location including number and street, if any, of each place where it carries on or conducts or transacts business in this state.
Authority: New York Department of StateSource: www4.erie.gov official record · retrieved Supporting excerptCurrently, Certificates of Incorporation, Articles of Organization for limited liability companies and limited liability partnerships, as well as any Assumed Name Certificates for corporations, limited liability companies, and limited liability partnerships or limited partnerships, are filed with the New York Department of State, which may then forward copies to the Erie County Clerk, at the request of the filer. More information may be found at www.dos.ny.gov.
When this route applies: Such person, if a corporation, limited partnership or limited liability company, shall file, together with the fees as set forth in subdivision five of this section, in the office of the secretary of state a certificate setting forth the name or designation under which business is carried on or conducted or transacted, its corporate, limited partnership or limited liability company name, the location including number and street, if any, of its principal place of business in the state, the name of each county in which it does business or intends to do business, and the location including number and street, if any, of each place where it carries on or conducts or transacts business in this state.Source: www.nysenate.gov official record · retrieved Supporting excerptSuch person, if a corporation, limited partnership or limited liability company, shall file, together with the fees as set forth in subdivision five of this section, in the office of the secretary of state a certificate setting forth the name or designation under which business is carried on or conducted or transacted, its corporate, limited partnership or limited liability company name, the location including number and street, if any, of its principal place of business in the state, the name of each county in which it does business or intends to do business, and the location including number and street, if any, of each place where it carries on or conducts or transacts business in this state.
Official form: Certificate of Assumed Name (filed with the New York Department of State)Source: www.nysenate.gov official record · retrieved Supporting excerptCertificate of Assumed Name (filed with the New York Department of State)
Form destination: Could not be confirmed because the official source blocked access.
Online filing link: Could not be confirmed because the official source blocked access.
Official fee: the secretary of state shall receive a fee of twenty-five dollars ($25.00)Source: www.nysenate.gov official record · retrieved Supporting excerptthe secretary of state shall receive a fee of twenty-five dollars ($25.00)
Effective duration: Could not be confirmed because the official source blocked access.
Renewal: Could not be confirmed because the official source blocked access.
Changes or amendments: Whenever a certificate which has been filed under this section does not accurately set forth the facts required by this section, or within thirty days after there has been a change in such facts, an amended certificate shall be filed which shall identify the original certificate and incorporate the corrections or changes.Source: www.nysenate.gov official record · retrieved Supporting excerptWhenever a certificate which has been filed under this section does not accurately set forth the facts required by this section, or within thirty days after there has been a change in such facts, an amended certificate shall be filed which shall identify the original certificate and incorporate the corrections or changes.
Abandonment or cancellation: If the business for which a certificate is filed under this section is discontinued, or the conditions under which it is conducted are such that the filing of a certificate in such county or with the secretary of state is no longer required, a certificate of discontinuance may be filed with the county clerk with whom the original certificate was filed or, if a corporation, limited partnership, or limited liability company, with the secretary of stateSource: www.nysenate.gov official record · retrieved Supporting excerptIf the business for which a certificate is filed under this section is discontinued, or the conditions under which it is conducted are such that the filing of a certificate in such county or with the secretary of state is no longer required, a certificate of discontinuance may be filed with the county clerk with whom the original certificate was filed or, if a corporation, limited partnership, or limited liability company, with the secretary of state
Important exclusions: The use by a corporation, limited partnership or limited liability company of a divisional, departmental or trade name or designation, in conjunction with the real name of the corporation, limited partnership or limited liability company, shall be deemed to be the use of the real name of the corporation, limited partnership or limited liability company, for purposes of this section.Source: www.nysenate.gov official record · retrieved Supporting excerptThe use by a corporation, limited partnership or limited liability company of a divisional, departmental or trade name or designation, in conjunction with the real name of the corporation, limited partnership or limited liability company, shall be deemed to be the use of the real name of the corporation, limited partnership or limited liability company, for purposes of this section.
Mail filing: Could not be confirmed because the official source blocked access.
In-person filing: Could not be confirmed because the official source blocked access.
Corporation
Required: Yes, when the documented conditions apply.Source: www.nysenate.gov official record · retrieved Supporting excerptSuch person, if a corporation, limited partnership or limited liability company, shall file, together with the fees as set forth in subdivision five of this section, in the office of the secretary of state a certificate setting forth the name or designation under which business is carried on or conducted or transacted, its corporate, limited partnership or limited liability company name, the location including number and street, if any, of its principal place of business in the state, the name of each county in which it does business or intends to do business, and the location including number and street, if any, of each place where it carries on or conducts or transacts business in this state.
Authority: New York Department of StateSource: www4.erie.gov official record · retrieved Supporting excerptCurrently, Certificates of Incorporation, Articles of Organization for limited liability companies and limited liability partnerships, as well as any Assumed Name Certificates for corporations, limited liability companies, and limited liability partnerships or limited partnerships, are filed with the New York Department of State, which may then forward copies to the Erie County Clerk, at the request of the filer. More information may be found at www.dos.ny.gov.
When this route applies: Such person, if a corporation, limited partnership or limited liability company, shall file, together with the fees as set forth in subdivision five of this section, in the office of the secretary of state a certificate setting forth the name or designation under which business is carried on or conducted or transacted, its corporate, limited partnership or limited liability company name, the location including number and street, if any, of its principal place of business in the state, the name of each county in which it does business or intends to do business, and the location including number and street, if any, of each place where it carries on or conducts or transacts business in this state.Source: www.nysenate.gov official record · retrieved Supporting excerptSuch person, if a corporation, limited partnership or limited liability company, shall file, together with the fees as set forth in subdivision five of this section, in the office of the secretary of state a certificate setting forth the name or designation under which business is carried on or conducted or transacted, its corporate, limited partnership or limited liability company name, the location including number and street, if any, of its principal place of business in the state, the name of each county in which it does business or intends to do business, and the location including number and street, if any, of each place where it carries on or conducts or transacts business in this state.
Official form: Certificate of Assumed Name (filed with the New York Department of State)Source: www.nysenate.gov official record · retrieved Supporting excerptCertificate of Assumed Name (filed with the New York Department of State)
Form destination: Could not be confirmed because the official source blocked access.
Online filing link: Could not be confirmed because the official source blocked access.
Official fee: the secretary of state shall receive a fee of twenty-five dollars ($25.00)Source: www.nysenate.gov official record · retrieved Supporting excerptthe secretary of state shall receive a fee of twenty-five dollars ($25.00)
Effective duration: Could not be confirmed because the official source blocked access.
Renewal: Could not be confirmed because the official source blocked access.
Changes or amendments: Whenever a certificate which has been filed under this section does not accurately set forth the facts required by this section, or within thirty days after there has been a change in such facts, an amended certificate shall be filed which shall identify the original certificate and incorporate the corrections or changes.Source: www.nysenate.gov official record · retrieved Supporting excerptWhenever a certificate which has been filed under this section does not accurately set forth the facts required by this section, or within thirty days after there has been a change in such facts, an amended certificate shall be filed which shall identify the original certificate and incorporate the corrections or changes.
Abandonment or cancellation: If the business for which a certificate is filed under this section is discontinued, or the conditions under which it is conducted are such that the filing of a certificate in such county or with the secretary of state is no longer required, a certificate of discontinuance may be filed with the county clerk with whom the original certificate was filed or, if a corporation, limited partnership, or limited liability company, with the secretary of stateSource: www.nysenate.gov official record · retrieved Supporting excerptIf the business for which a certificate is filed under this section is discontinued, or the conditions under which it is conducted are such that the filing of a certificate in such county or with the secretary of state is no longer required, a certificate of discontinuance may be filed with the county clerk with whom the original certificate was filed or, if a corporation, limited partnership, or limited liability company, with the secretary of state
Important exclusions: A corporation which carries on or conducts or transacts business in this state as a member of a partnership or limited liability company shall not be required solely by reason thereof to file the certificate required by this paragraph if the partners shall have filed the certificate required by paragraph (a) of this subdivision.Source: www.nysenate.gov official record · retrieved Supporting excerptA corporation which carries on or conducts or transacts business in this state as a member of a partnership or limited liability company shall not be required solely by reason thereof to file the certificate required by this paragraph if the partners shall have filed the certificate required by paragraph (a) of this subdivision.
Mail filing: Could not be confirmed because the official source blocked access.
In-person filing: Could not be confirmed because the official source blocked access.
How to file through the authority
For sole proprietorships and general partnerships, the filing is made with the county clerk.
Such person, if other than a corporation, limited partnership or limited liability company, shall file in the office of the clerk of each county in which such business is conducted or transacted a certificate setting forth the name or designation under which and the address within the county at which such business is conducted or transacted, the full name or names of the person or persons conducting or transacting the same, including the names of all partners, with the residence address of each such person, and the age of any person less than eighteen years of age.
County clerk of each county in which the business is conducted or transacted
No person shall hereafter (i) carry on or conduct or transact business in this state under any name or designation other than his or its real name, or (ii) carry on or conduct or transact business in this state as a member of a partnership, unless: (a) Such person, if other than a corporation, limited partnership or limited liability company, shall file in the office of the clerk of each county in which such business is conducted or transacted a certificate setting forth the name or designation under which and the address within the county at which such business is conducted or transacted.
Subdivision one of this section shall not apply to a person who, or a partnership which, has duly filed a certificate of continued use of firm name under article seven of the partnership law, or to a private banker duly authorized by the superintendent of financial services to engage in business pursuant to the provisions of the banking law or to a partnership of attorneys and counsellors-at-law engaged in the practice of their profession.
Each certificate shall be executed and duly acknowledged by the person or, if there be more than one, by all of the persons conducting the business.
Such person, if a corporation, limited partnership or limited liability company, shall file, together with the fees as set forth in subdivision five of this section, in the office of the secretary of state a certificate setting forth the name or designation under which business is carried on or conducted or transacted, its corporate, limited partnership or limited liability company name, the location including number and street, if any, of its principal place of business in the state, the name of each county in which it does business or intends to do business, and the location including number and street, if any, of each place where it carries on or conducts or transacts business in this state.
The use by a corporation, limited partnership or limited liability company of a divisional, departmental or trade name or designation, in conjunction with the real name of the corporation, limited partnership or limited liability company, shall be deemed to be the use of the real name of the corporation, limited partnership or limited liability company, for purposes of this section.
A corporation which carries on or conducts or transacts business in this state as a member of a partnership or limited liability company shall not be required solely by reason thereof to file the certificate required by this paragraph if the partners shall have filed the certificate required by paragraph (a) of this subdivision.
Official destination title: Assumed Name Filings | Erie County Clerk Michael P. Kearns
Currently, Certificates of Incorporation, Articles of Organization for limited liability companies and limited liability partnerships, as well as any Assumed Name Certificates for corporations, limited liability companies, and limited liability partnerships or limited partnerships, are filed with the New York Department of State, which may then forward copies to the Erie County Clerk, at the request of the filer. More information may be found at www.dos.ny.gov.
Official destination title: Department of State | Department of State
For the Erie County example, the clerk requires an original signed and notarized certificate for a sole proprietor, and a partnership certificate signed by all partners and notarized. Confirm the procedure with the clerk for each county where you must file.
- One original signed and notarized Certificate is filed in the Clerk's Office. - The fee of $35.00 covers the filing - A certified copy for the filer's record and a certified copy for a business bank account.
Assumed Name Certificates may be filed in the Clerk’s Office for general partnerships. Again, a list of filed Certificates, while not indexed specifically as partnerships, may be searched at the Clerk’s Office to ensure that the desired name has not already been chosen by another entity. The Partnership Certificate must be signed by all partners and notarized. The form for filing can be obtained from one of the various legal stationery stores or on our Starting a Business Home Page.
Erie County calls the documents Business Certificates or Assumed Name Certificates and says forms are available through legal stationery stores or its Business Center. This is a county example; check the form and submission details with your own county clerk.
New York State Business Law Section 130 prohibits anyone from doing business under a name other than his / her own (as a sole proprietorship) or as a partnership unless an Assumed Name Certificate is filed in the Clerk's Office. These certificates are also referred to as "Doing Business As" (DBA) certificates, or more correctly, Business Certificates or Assumed Name Certificates. Business certificates must contain specific information, such as the names, addresses, and ages (if under 18) of the persons filing the Certificate. A Business Certificate form for filing can be obtained from one of the various legal stationery stores or via our Business Center page.
The Oneida County Clerk states a filing fee of $25.00, cash only, with a $5.00 charge for each certified copy, while the New York County Clerk states a filing fee of $100 cash with certified copies an additional $10 each.
County clerk of each county in which the business is conducted or transacted
For filing any certificate pursuant to section one hundred thirty of the general business law, in counties within the city of New York, one hundred dollars, and in all other counties, twenty-five dollars.
the secretary of state shall receive a fee of twenty-five dollars ($25.00)
Official destination title: Assumed Name Filings | Erie County Clerk Michael P. Kearns
Currently, Certificates of Incorporation, Articles of Organization for limited liability companies and limited liability partnerships, as well as any Assumed Name Certificates for corporations, limited liability companies, and limited liability partnerships or limited partnerships, are filed with the New York Department of State, which may then forward copies to the Erie County Clerk, at the request of the filer. More information may be found at www.dos.ny.gov.
Official destination title: Assumed Name Filings | Erie County Clerk Michael P. Kearns
Currently, Certificates of Incorporation, Articles of Organization for limited liability companies and limited liability partnerships, as well as any Assumed Name Certificates for corporations, limited liability companies, and limited liability partnerships or limited partnerships, are filed with the New York Department of State, which may then forward copies to the Erie County Clerk, at the request of the filer. More information may be found at www.dos.ny.gov.
Official destination title: Department of State | Department of State
For corporations, limited partnerships, and limited liability companies, the certificate is filed with the New York Department of State in Albany and must be executed by an officer, general partner, member or manager, or attorney-in-fact or authorized person.
Such person, if other than a corporation, limited partnership or limited liability company, shall file in the office of the clerk of each county in which such business is conducted or transacted a certificate setting forth the name or designation under which and the address within the county at which such business is conducted or transacted, the full name or names of the person or persons conducting or transacting the same, including the names of all partners, with the residence address of each such person, and the age of any person less than eighteen years of age.
County clerk of each county in which the business is conducted or transacted
No person shall hereafter (i) carry on or conduct or transact business in this state under any name or designation other than his or its real name, or (ii) carry on or conduct or transact business in this state as a member of a partnership, unless: (a) Such person, if other than a corporation, limited partnership or limited liability company, shall file in the office of the clerk of each county in which such business is conducted or transacted a certificate setting forth the name or designation under which and the address within the county at which such business is conducted or transacted.
Subdivision one of this section shall not apply to a person who, or a partnership which, has duly filed a certificate of continued use of firm name under article seven of the partnership law, or to a private banker duly authorized by the superintendent of financial services to engage in business pursuant to the provisions of the banking law or to a partnership of attorneys and counsellors-at-law engaged in the practice of their profession.
Each certificate shall be executed and duly acknowledged by the person or, if there be more than one, by all of the persons conducting the business.
Certificate of Assumed Name (filed with the New York Department of State)
Such person, if a corporation, limited partnership or limited liability company, shall file, together with the fees as set forth in subdivision five of this section, in the office of the secretary of state a certificate setting forth the name or designation under which business is carried on or conducted or transacted, its corporate, limited partnership or limited liability company name, the location including number and street, if any, of its principal place of business in the state, the name of each county in which it does business or intends to do business, and the location including number and street, if any, of each place where it carries on or conducts or transacts business in this state.
The use by a corporation, limited partnership or limited liability company of a divisional, departmental or trade name or designation, in conjunction with the real name of the corporation, limited partnership or limited liability company, shall be deemed to be the use of the real name of the corporation, limited partnership or limited liability company, for purposes of this section.
A corporation which carries on or conducts or transacts business in this state as a member of a partnership or limited liability company shall not be required solely by reason thereof to file the certificate required by this paragraph if the partners shall have filed the certificate required by paragraph (a) of this subdivision.
Official destination title: Assumed Name Filings | Erie County Clerk Michael P. Kearns
New York State Business Law Section 130 prohibits anyone from doing business under a name other than his / her own (as a sole proprietorship) or as a partnership unless an Assumed Name Certificate is filed in the Clerk's Office. These certificates are also referred to as "Doing Business As" (DBA) certificates, or more correctly, Business Certificates or Assumed Name Certificates. Business certificates must contain specific information, such as the names, addresses, and ages (if under 18) of the persons filing the Certificate. A Business Certificate form for filing can be obtained from one of the various legal stationery stores or via our Business Center page.
- One original signed and notarized Certificate is filed in the Clerk's Office. - The fee of $35.00 covers the filing - A certified copy for the filer's record and a certified copy for a business bank account.
Assumed Name Certificates may be filed in the Clerk’s Office for general partnerships. Again, a list of filed Certificates, while not indexed specifically as partnerships, may be searched at the Clerk’s Office to ensure that the desired name has not already been chosen by another entity. The Partnership Certificate must be signed by all partners and notarized. The form for filing can be obtained from one of the various legal stationery stores or on our Starting a Business Home Page.
Currently, Certificates of Incorporation, Articles of Organization for limited liability companies and limited liability partnerships, as well as any Assumed Name Certificates for corporations, limited liability companies, and limited liability partnerships or limited partnerships, are filed with the New York Department of State, which may then forward copies to the Erie County Clerk, at the request of the filer. More information may be found at www.dos.ny.gov.
Official destination title: Department of State | Department of State
The Department of State collects the twenty-five dollar fee and, for corporations, also collects the county clerk fee for each county indicated in the certificate and transmits copies to those county clerks for indexing.
Such person, if other than a corporation, limited partnership or limited liability company, shall file in the office of the clerk of each county in which such business is conducted or transacted a certificate setting forth the name or designation under which and the address within the county at which such business is conducted or transacted, the full name or names of the person or persons conducting or transacting the same, including the names of all partners, with the residence address of each such person, and the age of any person less than eighteen years of age.
County clerk of each county in which the business is conducted or transacted
For filing any certificate pursuant to section one hundred thirty of the general business law, in counties within the city of New York, one hundred dollars, and in all other counties, twenty-five dollars.
No person shall hereafter (i) carry on or conduct or transact business in this state under any name or designation other than his or its real name, or (ii) carry on or conduct or transact business in this state as a member of a partnership, unless: (a) Such person, if other than a corporation, limited partnership or limited liability company, shall file in the office of the clerk of each county in which such business is conducted or transacted a certificate setting forth the name or designation under which and the address within the county at which such business is conducted or transacted.
Subdivision one of this section shall not apply to a person who, or a partnership which, has duly filed a certificate of continued use of firm name under article seven of the partnership law, or to a private banker duly authorized by the superintendent of financial services to engage in business pursuant to the provisions of the banking law or to a partnership of attorneys and counsellors-at-law engaged in the practice of their profession.
Each certificate shall be executed and duly acknowledged by the person or, if there be more than one, by all of the persons conducting the business.
Certificate of Assumed Name (filed with the New York Department of State)
the secretary of state shall receive a fee of twenty-five dollars ($25.00)
Such person, if a corporation, limited partnership or limited liability company, shall file, together with the fees as set forth in subdivision five of this section, in the office of the secretary of state a certificate setting forth the name or designation under which business is carried on or conducted or transacted, its corporate, limited partnership or limited liability company name, the location including number and street, if any, of its principal place of business in the state, the name of each county in which it does business or intends to do business, and the location including number and street, if any, of each place where it carries on or conducts or transacts business in this state.
The use by a corporation, limited partnership or limited liability company of a divisional, departmental or trade name or designation, in conjunction with the real name of the corporation, limited partnership or limited liability company, shall be deemed to be the use of the real name of the corporation, limited partnership or limited liability company, for purposes of this section.
A corporation which carries on or conducts or transacts business in this state as a member of a partnership or limited liability company shall not be required solely by reason thereof to file the certificate required by this paragraph if the partners shall have filed the certificate required by paragraph (a) of this subdivision.
Official destination title: Assumed Name Filings | Erie County Clerk Michael P. Kearns
New York State Business Law Section 130 prohibits anyone from doing business under a name other than his / her own (as a sole proprietorship) or as a partnership unless an Assumed Name Certificate is filed in the Clerk's Office. These certificates are also referred to as "Doing Business As" (DBA) certificates, or more correctly, Business Certificates or Assumed Name Certificates. Business certificates must contain specific information, such as the names, addresses, and ages (if under 18) of the persons filing the Certificate. A Business Certificate form for filing can be obtained from one of the various legal stationery stores or via our Business Center page.
Currently, Certificates of Incorporation, Articles of Organization for limited liability companies and limited liability partnerships, as well as any Assumed Name Certificates for corporations, limited liability companies, and limited liability partnerships or limited partnerships, are filed with the New York Department of State, which may then forward copies to the Erie County Clerk, at the request of the filer. More information may be found at www.dos.ny.gov.
Official destination title: Department of State | Department of State
Renewal, amendment, and abandonment
Section 130 of the General Business Law does not state a fixed term or expiration for an assumed name certificate and sets no renewal procedure; the statute instead frames the certificate as remaining in place until an amendment or discontinuance is filed.
New York State Business Law Section 130 prohibits anyone from doing business under a name other than his / her own (as a sole proprietorship) or as a partnership unless an Assumed Name Certificate is filed in the Clerk's Office. These certificates are also referred to as "Doing Business As" (DBA) certificates, or more correctly, Business Certificates or Assumed Name Certificates. Business certificates must contain specific information, such as the names, addresses, and ages (if under 18) of the persons filing the Certificate. A Business Certificate form for filing can be obtained from one of the various legal stationery stores or via our Business Center page.
Whenever a certificate which has been filed under this section does not accurately set forth the facts required by this section, or within thirty days after there has been a change in such facts, an amended certificate shall be filed which shall identify the original certificate and incorporate the corrections or changes.
If the business for which a certificate is filed under this section is discontinued, or the conditions under which it is conducted are such that the filing of a certificate in such county or with the secretary of state is no longer required, a certificate of discontinuance may be filed with the county clerk with whom the original certificate was filed
Certificate of Assumed Name (filed with the New York Department of State)
If the business for which a certificate is filed under this section is discontinued, or the conditions under which it is conducted are such that the filing of a certificate in such county or with the secretary of state is no longer required, a certificate of discontinuance may be filed with the county clerk with whom the original certificate was filed or, if a corporation, limited partnership, or limited liability company, with the secretary of state
Whenever a filed certificate no longer accurately sets forth the required facts, or within thirty days after there has been a change in those facts, an amended certificate must be filed identifying the original certificate and incorporating the corrections or changes.
New York State Business Law Section 130 prohibits anyone from doing business under a name other than his / her own (as a sole proprietorship) or as a partnership unless an Assumed Name Certificate is filed in the Clerk's Office. These certificates are also referred to as "Doing Business As" (DBA) certificates, or more correctly, Business Certificates or Assumed Name Certificates. Business certificates must contain specific information, such as the names, addresses, and ages (if under 18) of the persons filing the Certificate. A Business Certificate form for filing can be obtained from one of the various legal stationery stores or via our Business Center page.
Whenever a certificate which has been filed under this section does not accurately set forth the facts required by this section, or within thirty days after there has been a change in such facts, an amended certificate shall be filed which shall identify the original certificate and incorporate the corrections or changes.
Certificate of Assumed Name (filed with the New York Department of State)
An amendment that adds or withdraws a person conducting the business or a partner must be executed by that person and by one or more of the other persons named in the original or last amended certificate, unless a supreme court order provides otherwise.
New York State Business Law Section 130 prohibits anyone from doing business under a name other than his / her own (as a sole proprietorship) or as a partnership unless an Assumed Name Certificate is filed in the Clerk's Office. These certificates are also referred to as "Doing Business As" (DBA) certificates, or more correctly, Business Certificates or Assumed Name Certificates. Business certificates must contain specific information, such as the names, addresses, and ages (if under 18) of the persons filing the Certificate. A Business Certificate form for filing can be obtained from one of the various legal stationery stores or via our Business Center page.
Whenever a certificate which has been filed under this section does not accurately set forth the facts required by this section, or within thirty days after there has been a change in such facts, an amended certificate shall be filed which shall identify the original certificate and incorporate the corrections or changes.
If the business for which a certificate is filed under this section is discontinued, or the conditions under which it is conducted are such that the filing of a certificate in such county or with the secretary of state is no longer required, a certificate of discontinuance may be filed with the county clerk with whom the original certificate was filed
Certificate of Assumed Name (filed with the New York Department of State)
If the business for which a certificate is filed under this section is discontinued, or the conditions under which it is conducted are such that the filing of a certificate in such county or with the secretary of state is no longer required, a certificate of discontinuance may be filed with the county clerk with whom the original certificate was filed or, if a corporation, limited partnership, or limited liability company, with the secretary of state
The Oneida County Clerk notes that a county-filed DBA cannot be changed without filing an amended certificate and paying an additional $25.00.
County clerk of each county in which the business is conducted or transacted
Whenever a certificate which has been filed under this section does not accurately set forth the facts required by this section, or within thirty days after there has been a change in such facts, an amended certificate shall be filed which shall identify the original certificate and incorporate the corrections or changes.
Certificate of Assumed Name (filed with the New York Department of State)
Official destination title: Assumed Name Filings | Erie County Clerk Michael P. Kearns
New York State Business Law Section 130 prohibits anyone from doing business under a name other than his / her own (as a sole proprietorship) or as a partnership unless an Assumed Name Certificate is filed in the Clerk's Office. These certificates are also referred to as "Doing Business As" (DBA) certificates, or more correctly, Business Certificates or Assumed Name Certificates. Business certificates must contain specific information, such as the names, addresses, and ages (if under 18) of the persons filing the Certificate. A Business Certificate form for filing can be obtained from one of the various legal stationery stores or via our Business Center page.
Currently, Certificates of Incorporation, Articles of Organization for limited liability companies and limited liability partnerships, as well as any Assumed Name Certificates for corporations, limited liability companies, and limited liability partnerships or limited partnerships, are filed with the New York Department of State, which may then forward copies to the Erie County Clerk, at the request of the filer. More information may be found at www.dos.ny.gov.
Official destination title: Department of State | Department of State
When the business is discontinued, or conditions change so that the filing is no longer required, a certificate of discontinuance may be filed with the county clerk or, for corporations, limited partnerships, and limited liability companies, with the secretary of state.
Such person, if other than a corporation, limited partnership or limited liability company, shall file in the office of the clerk of each county in which such business is conducted or transacted a certificate setting forth the name or designation under which and the address within the county at which such business is conducted or transacted, the full name or names of the person or persons conducting or transacting the same, including the names of all partners, with the residence address of each such person, and the age of any person less than eighteen years of age.
County clerk of each county in which the business is conducted or transacted
Whenever a certificate which has been filed under this section does not accurately set forth the facts required by this section, or within thirty days after there has been a change in such facts, an amended certificate shall be filed which shall identify the original certificate and incorporate the corrections or changes.
If the business for which a certificate is filed under this section is discontinued, or the conditions under which it is conducted are such that the filing of a certificate in such county or with the secretary of state is no longer required, a certificate of discontinuance may be filed with the county clerk with whom the original certificate was filed
No person shall hereafter (i) carry on or conduct or transact business in this state under any name or designation other than his or its real name, or (ii) carry on or conduct or transact business in this state as a member of a partnership, unless: (a) Such person, if other than a corporation, limited partnership or limited liability company, shall file in the office of the clerk of each county in which such business is conducted or transacted a certificate setting forth the name or designation under which and the address within the county at which such business is conducted or transacted.
Subdivision one of this section shall not apply to a person who, or a partnership which, has duly filed a certificate of continued use of firm name under article seven of the partnership law, or to a private banker duly authorized by the superintendent of financial services to engage in business pursuant to the provisions of the banking law or to a partnership of attorneys and counsellors-at-law engaged in the practice of their profession.
Each certificate shall be executed and duly acknowledged by the person or, if there be more than one, by all of the persons conducting the business.
Certificate of Assumed Name (filed with the New York Department of State)
If the business for which a certificate is filed under this section is discontinued, or the conditions under which it is conducted are such that the filing of a certificate in such county or with the secretary of state is no longer required, a certificate of discontinuance may be filed with the county clerk with whom the original certificate was filed or, if a corporation, limited partnership, or limited liability company, with the secretary of state
Such person, if a corporation, limited partnership or limited liability company, shall file, together with the fees as set forth in subdivision five of this section, in the office of the secretary of state a certificate setting forth the name or designation under which business is carried on or conducted or transacted, its corporate, limited partnership or limited liability company name, the location including number and street, if any, of its principal place of business in the state, the name of each county in which it does business or intends to do business, and the location including number and street, if any, of each place where it carries on or conducts or transacts business in this state.
The use by a corporation, limited partnership or limited liability company of a divisional, departmental or trade name or designation, in conjunction with the real name of the corporation, limited partnership or limited liability company, shall be deemed to be the use of the real name of the corporation, limited partnership or limited liability company, for purposes of this section.
A corporation which carries on or conducts or transacts business in this state as a member of a partnership or limited liability company shall not be required solely by reason thereof to file the certificate required by this paragraph if the partners shall have filed the certificate required by paragraph (a) of this subdivision.
Official destination title: Assumed Name Filings | Erie County Clerk Michael P. Kearns
New York State Business Law Section 130 prohibits anyone from doing business under a name other than his / her own (as a sole proprietorship) or as a partnership unless an Assumed Name Certificate is filed in the Clerk's Office. These certificates are also referred to as "Doing Business As" (DBA) certificates, or more correctly, Business Certificates or Assumed Name Certificates. Business certificates must contain specific information, such as the names, addresses, and ages (if under 18) of the persons filing the Certificate. A Business Certificate form for filing can be obtained from one of the various legal stationery stores or via our Business Center page.
Currently, Certificates of Incorporation, Articles of Organization for limited liability companies and limited liability partnerships, as well as any Assumed Name Certificates for corporations, limited liability companies, and limited liability partnerships or limited partnerships, are filed with the New York Department of State, which may then forward copies to the Erie County Clerk, at the request of the filer. More information may be found at www.dos.ny.gov.
Official destination title: Department of State | Department of State
The CPLR provides that no fee is charged for filing a cancellation, discontinuance or dissolution certificate, and county clerks confirm there is no charge for filing a discontinuance of an assumed name.
County clerk of each county in which the business is conducted or transacted
For filing any certificate pursuant to section one hundred thirty of the general business law, in counties within the city of New York, one hundred dollars, and in all other counties, twenty-five dollars.
If the business for which a certificate is filed under this section is discontinued, or the conditions under which it is conducted are such that the filing of a certificate in such county or with the secretary of state is no longer required, a certificate of discontinuance may be filed with the county clerk with whom the original certificate was filed
Certificate of Assumed Name (filed with the New York Department of State)
the secretary of state shall receive a fee of twenty-five dollars ($25.00)
If the business for which a certificate is filed under this section is discontinued, or the conditions under which it is conducted are such that the filing of a certificate in such county or with the secretary of state is no longer required, a certificate of discontinuance may be filed with the county clerk with whom the original certificate was filed or, if a corporation, limited partnership, or limited liability company, with the secretary of state
Official destination title: Assumed Name Filings | Erie County Clerk Michael P. Kearns
New York State Business Law Section 130 prohibits anyone from doing business under a name other than his / her own (as a sole proprietorship) or as a partnership unless an Assumed Name Certificate is filed in the Clerk's Office. These certificates are also referred to as "Doing Business As" (DBA) certificates, or more correctly, Business Certificates or Assumed Name Certificates. Business certificates must contain specific information, such as the names, addresses, and ages (if under 18) of the persons filing the Certificate. A Business Certificate form for filing can be obtained from one of the various legal stationery stores or via our Business Center page.
Currently, Certificates of Incorporation, Articles of Organization for limited liability companies and limited liability partnerships, as well as any Assumed Name Certificates for corporations, limited liability companies, and limited liability partnerships or limited partnerships, are filed with the New York Department of State, which may then forward copies to the Erie County Clerk, at the request of the filer. More information may be found at www.dos.ny.gov.
Official destination title: Department of State | Department of State
Publication and notice
Publication could not be confirmed for all covered entity types. No requirement or exemption is asserted.
Next steps: self-file first
Start with the free official source.
First decide which route applies to your entity type: if you operate as a sole proprietorship or a general partnership, contact the county clerk of each county where you conduct or transact business and ask for the business certificate procedure — forms are commonly bought from legal stationery stores, signatures must be notarized, and the statutory county clerk fee is twenty-five dollars outside New York City and one hundred dollars in the five boroughs.
Such person, if other than a corporation, limited partnership or limited liability company, shall file in the office of the clerk of each county in which such business is conducted or transacted a certificate setting forth the name or designation under which and the address within the county at which such business is conducted or transacted, the full name or names of the person or persons conducting or transacting the same, including the names of all partners, with the residence address of each such person, and the age of any person less than eighteen years of age.
County clerk of each county in which the business is conducted or transacted
For filing any certificate pursuant to section one hundred thirty of the general business law, in counties within the city of New York, one hundred dollars, and in all other counties, twenty-five dollars.
No person shall hereafter (i) carry on or conduct or transact business in this state under any name or designation other than his or its real name, or (ii) carry on or conduct or transact business in this state as a member of a partnership, unless: (a) Such person, if other than a corporation, limited partnership or limited liability company, shall file in the office of the clerk of each county in which such business is conducted or transacted a certificate setting forth the name or designation under which and the address within the county at which such business is conducted or transacted.
Subdivision one of this section shall not apply to a person who, or a partnership which, has duly filed a certificate of continued use of firm name under article seven of the partnership law, or to a private banker duly authorized by the superintendent of financial services to engage in business pursuant to the provisions of the banking law or to a partnership of attorneys and counsellors-at-law engaged in the practice of their profession.
Each certificate shall be executed and duly acknowledged by the person or, if there be more than one, by all of the persons conducting the business.
Certificate of Assumed Name (filed with the New York Department of State)
the secretary of state shall receive a fee of twenty-five dollars ($25.00)
Such person, if a corporation, limited partnership or limited liability company, shall file, together with the fees as set forth in subdivision five of this section, in the office of the secretary of state a certificate setting forth the name or designation under which business is carried on or conducted or transacted, its corporate, limited partnership or limited liability company name, the location including number and street, if any, of its principal place of business in the state, the name of each county in which it does business or intends to do business, and the location including number and street, if any, of each place where it carries on or conducts or transacts business in this state.
The use by a corporation, limited partnership or limited liability company of a divisional, departmental or trade name or designation, in conjunction with the real name of the corporation, limited partnership or limited liability company, shall be deemed to be the use of the real name of the corporation, limited partnership or limited liability company, for purposes of this section.
A corporation which carries on or conducts or transacts business in this state as a member of a partnership or limited liability company shall not be required solely by reason thereof to file the certificate required by this paragraph if the partners shall have filed the certificate required by paragraph (a) of this subdivision.
Official destination title: Assumed Name Filings | Erie County Clerk Michael P. Kearns
New York State Business Law Section 130 prohibits anyone from doing business under a name other than his / her own (as a sole proprietorship) or as a partnership unless an Assumed Name Certificate is filed in the Clerk's Office. These certificates are also referred to as "Doing Business As" (DBA) certificates, or more correctly, Business Certificates or Assumed Name Certificates. Business certificates must contain specific information, such as the names, addresses, and ages (if under 18) of the persons filing the Certificate. A Business Certificate form for filing can be obtained from one of the various legal stationery stores or via our Business Center page.
Currently, Certificates of Incorporation, Articles of Organization for limited liability companies and limited liability partnerships, as well as any Assumed Name Certificates for corporations, limited liability companies, and limited liability partnerships or limited partnerships, are filed with the New York Department of State, which may then forward copies to the Erie County Clerk, at the request of the filer. More information may be found at www.dos.ny.gov.
Official destination title: Department of State | Department of State
If you operate as a corporation, limited partnership, or limited liability company, file the Certificate of Assumed Name with the New York Department of State in Albany; the Department's website at dos.ny.gov publishes the forms and current fees, so check it directly before filing.
Such person, if other than a corporation, limited partnership or limited liability company, shall file in the office of the clerk of each county in which such business is conducted or transacted a certificate setting forth the name or designation under which and the address within the county at which such business is conducted or transacted, the full name or names of the person or persons conducting or transacting the same, including the names of all partners, with the residence address of each such person, and the age of any person less than eighteen years of age.
County clerk of each county in which the business is conducted or transacted
For filing any certificate pursuant to section one hundred thirty of the general business law, in counties within the city of New York, one hundred dollars, and in all other counties, twenty-five dollars.
No person shall hereafter (i) carry on or conduct or transact business in this state under any name or designation other than his or its real name, or (ii) carry on or conduct or transact business in this state as a member of a partnership, unless: (a) Such person, if other than a corporation, limited partnership or limited liability company, shall file in the office of the clerk of each county in which such business is conducted or transacted a certificate setting forth the name or designation under which and the address within the county at which such business is conducted or transacted.
Subdivision one of this section shall not apply to a person who, or a partnership which, has duly filed a certificate of continued use of firm name under article seven of the partnership law, or to a private banker duly authorized by the superintendent of financial services to engage in business pursuant to the provisions of the banking law or to a partnership of attorneys and counsellors-at-law engaged in the practice of their profession.
Each certificate shall be executed and duly acknowledged by the person or, if there be more than one, by all of the persons conducting the business.
Certificate of Assumed Name (filed with the New York Department of State)
the secretary of state shall receive a fee of twenty-five dollars ($25.00)
Such person, if a corporation, limited partnership or limited liability company, shall file, together with the fees as set forth in subdivision five of this section, in the office of the secretary of state a certificate setting forth the name or designation under which business is carried on or conducted or transacted, its corporate, limited partnership or limited liability company name, the location including number and street, if any, of its principal place of business in the state, the name of each county in which it does business or intends to do business, and the location including number and street, if any, of each place where it carries on or conducts or transacts business in this state.
The use by a corporation, limited partnership or limited liability company of a divisional, departmental or trade name or designation, in conjunction with the real name of the corporation, limited partnership or limited liability company, shall be deemed to be the use of the real name of the corporation, limited partnership or limited liability company, for purposes of this section.
A corporation which carries on or conducts or transacts business in this state as a member of a partnership or limited liability company shall not be required solely by reason thereof to file the certificate required by this paragraph if the partners shall have filed the certificate required by paragraph (a) of this subdivision.
Official destination title: Assumed Name Filings | Erie County Clerk Michael P. Kearns
New York State Business Law Section 130 prohibits anyone from doing business under a name other than his / her own (as a sole proprietorship) or as a partnership unless an Assumed Name Certificate is filed in the Clerk's Office. These certificates are also referred to as "Doing Business As" (DBA) certificates, or more correctly, Business Certificates or Assumed Name Certificates. Business certificates must contain specific information, such as the names, addresses, and ages (if under 18) of the persons filing the Certificate. A Business Certificate form for filing can be obtained from one of the various legal stationery stores or via our Business Center page.
Currently, Certificates of Incorporation, Articles of Organization for limited liability companies and limited liability partnerships, as well as any Assumed Name Certificates for corporations, limited liability companies, and limited liability partnerships or limited partnerships, are filed with the New York Department of State, which may then forward copies to the Erie County Clerk, at the request of the filer. More information may be found at www.dos.ny.gov.
Official destination title: Department of State | Department of State
Before filing anywhere, search the clerk's index or the Department of State's records for names already in use, and remember that the certificate is not a license and gives no ownership rights in the name.
Official destination title: Assumed Name Filings | Erie County Clerk Michael P. Kearns
New York State Business Law Section 130 prohibits anyone from doing business under a name other than his / her own (as a sole proprietorship) or as a partnership unless an Assumed Name Certificate is filed in the Clerk's Office. These certificates are also referred to as "Doing Business As" (DBA) certificates, or more correctly, Business Certificates or Assumed Name Certificates. Business certificates must contain specific information, such as the names, addresses, and ages (if under 18) of the persons filing the Certificate. A Business Certificate form for filing can be obtained from one of the various legal stationery stores or via our Business Center page.
Currently, Certificates of Incorporation, Articles of Organization for limited liability companies and limited liability partnerships, as well as any Assumed Name Certificates for corporations, limited liability companies, and limited liability partnerships or limited partnerships, are filed with the New York Department of State, which may then forward copies to the Erie County Clerk, at the request of the filer. More information may be found at www.dos.ny.gov.