DBA (Doing Business As) Filings
State law provides that the County Clerk's Office files certificates for persons conducting business under an assumed business name. These are usually referred to as DBA's.
DBA certificates must contain specific information. A Business Certificate form for filing can be obtained from various legal stationery or office supply stores, or by clicking here.
There are three basic DBA filings: Original; Amendments; Discontinuances.
Original DBA
Prior to filing an original DBA, the filer should review business names already assigned to ensure that the desired name is available. A list of current DBA's is available for public review at the Corporations-Assumed Names Counter of the County Clerk's Office.
After checking on available names, 3 copies of the DBA form are 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.
Amending a DBA
A DBA can be amended by filing 3 copies of the appropriate amendment form at the Clerk's Office. The form can be obtained from various legal stationery or office supply stores.
Amendments can only be filed to change the business name, the business address, or to add or remove partners. Amendments and discontinuances require a reference to the original or most recent filing. The Corporation-Assumed Names Counter of the Clerk's Office can assist with this reference. The filing fee for an amended DBA is $35.00.
Discontinuing a DBA
A DBA can be discontinued when the individual or partners cease to conduct business. Like amendments, a discontinuance requires reference to the original filing and amendments. The form can be obtained from various legal stationery or office supply stores, or by clicking here
. There is no fee for filing a discontinuance.
Incorporation and Partnership DBA's
The County Clerk's Office also files two other business related documents: certificates of incorporation and limited partnerships. The form can be obtained from various legal stationery or office supply stores, or by clicking here
.
Certificates of incorporation, amendments and discontinuances are filed with the County Clerk's Office by New York State. The certificates are processed through the New York State Department of State.
Since August, 1991 limited partnership agreements, amendments and dissolutions have been filed with the New York State Department of State. The County Clerk's Office does, however, maintain the corporation and limited partnership papers which are filed here. The Clerk's Office accepts discontinuance for limited partnership filed here unless there were subsequent filings with the Department of State.
Additional information is available at the New York State Department of State's website: www.dos.state.ny.us