Brainstorming Business Ideas
Actionable tips to help you brainstorm and evaluate new business ideas.
New York requires that all corporations, limited liability companies (LLCs), limited partnerships (LPs), limited liability partnerships (LLPs), or out of state companies that regularly transact business in New York under a name different from their legal name, must file a DBA with the New York Department of State. Sole proprietorships and general partnerships must file a business certifiate with the county clerks in the counties in which they operate.
No. You only need to file a Certificate of Assumed Name with the state of New York and not with individual cities, like New York City or counties within New York state.
Every business has a legal name. For example, a partnership or sole proprietorship might operate under the legal name of the business owner or owners. A corporation, limited liability company (LLC) or other type of business entity might operate under the name defined in the articles of incorporation or articles of organization.
But, sometimes you don't want to operate your business under your registered legal name. There are many reasons for this. For example, the legal name might be confusing, unrelated to your business, or no longer descriptive of your business. Or you just might want a new name without changing your incorporation or registration documents.
If you do business under a name different from the legal name of your business, that is called an 'assumed name', 'fictitious business name', or 'trade name'. Legally, it's called a doing business as name (DBA).
You can operate your business under as many DBA names as you want - there are no limits. But, each DBA name must be registered in the state where you operate. This is required because the public has a legal right to know that a particular person or legal entity is conducting a business under a name that differs from its legal name.
If you want to learn more about legal business structures and get actionable insights on starting and building a successful, sustainable business, read this comprehensive guide on how to start a business.
And remember each DBA your register should have a unique brand identity so that people can easily remember your business.
Registering a DBA does not excuse you from forming a legal business entity. In fact, if you don't form a legal business entity and simply register a DBA with your state, the law assumes you're operating your business as a sole proprietorship.
While many business operate this way, there are significant disadvantages to operating as a sole proprietorship. For example, you will not have any limited liability protection from lawsuits when you operate your business as a sole proprietorship. And you'll be directly responsible for your business's debts and obligations.
An LLC, limited partnership (LP), limited liability partnership (LLP), or corporation grants the owner or owners important limited liability protections and insulates owners from the debts and liabilities of the business.
Filing for a DBA starts by searching to see if the name you want to use for your DBA application is available. This can be done using the New York corporate name database. Also, remember to avoid using a DBA name that's deceptive, fraudulent, confusingly similar to other names, or that could expose you to legal liability under state law (because, for example, the name implies that you're running an illegal business).
All DBA forms for New York can be found here. You can also research your New York DBA at the NYC Business site, which you can access here.
Here are important things you should consider when filing a DBA in New York:
You do not pay taxes specifically for a DBA. Business taxes are determined by the business's structure and each business structure has its own tax rules.
The DBA is not a business structure so while you will be required to find taxes in accordance with your actual legal business structure, you will not have to file taxes specifically for the DBA.
Choose from 30+ categories, complete a project brief, and pick a package that fits your budget.
Collaborate with dozens of creatives, give feedback and score, and get revised custom designs.
Work with the winner to finalize your favorite design and get print/web-ready files and full IP rights.
Not into crowds?
Pick a creative and work 1-to-1
The process for filing a DBA is specific to each state.
Most states require the DBA name to be registered unless you are doing business under your personal name. Many states will allow you to register online.
Find your location below for specific instructions.
You can register as many DBAs as you want. But remember that each requires a separate registration and filing fee, a separate brand identity (name, logo design, etc.), and periodic renewal registrations.
The cost to set up a DBA varies by state, county, city, and business structure. In general, you will end up spending from $10 to $100 on registering your DBA.
No. DBAs are not a business entity and do not have separate tax IDs. The business entity that owns the DBA would have an EIN or Tax ID if one is required for the business (in nearly all cases, one is required).
You do not need to have a DBA for your LLC. You can operate the LLC under the name of the LLC. However, many LLCs have names that would convert to poor brands and make marketing more difficult. In such cases, a DBA can help you create a strong brand identity.
In most cases, no. You do need a DBA if you are using a business name other than your legal business name, or if you haven’t registered your business and operate as a sole proprietorship or partnership.
You will need a DBA if your business uses a name (for example, for the company logo, on your website, on signs, on products, etc.) that is not identical to the name of the company. For example, if you register an LLC called New York Holdings, LLC and you do business as New York Realty, you will need a DBA because those names are different. Similarly, if you use a shortened version of your business name as your assumed name (Smart Lamp Shades, but operating under the name SLS), you will need to register a DBA.
Generally, no. Many state laws prevent DBAs that are to similar to existing DBAs, but this varies from state to state. One way to assure legal protection for your DBA is to trademark it.
Both solutions could give you a new name for your business. But in most cases, filing a DBA is a simpler, quicker, and less expensive process than a legal name change. And remember, you can register multiple DBAs. So, if your business operates multiple different other businesses, DBAs might offer you more flexibility.
No. If you want to limit your liability in a rental property, the typical approach is to register a separate LLC for each rental property. This would protect your personal assets and would also protect each property from being impacted by legal problems with another property you own.
Maybe. You can use Inc. in the DBA name only if you have registered a corporation.
No. A DBA is just a nickname for a business. It cannot turn into a legal business entity. In fact, you can register a DBA only if you already have a legal business entity or if you want to operate as a sole proprietor or partnership.
Actionable tips to help you brainstorm and evaluate new business ideas.
The most comprehensive guide online to creating a strong brand identity for your business or organization.
A strong logo is an important part of a company's brand identity. Keep your business safe from these seven deadly sins of logo design.
Six tips that will help you turn a hobby you're passionate about into a sustainable, successful small business.
Here are 5 mistakes to avoid when naming your new business.
These are the 15 best cities in the Unites States for startups and entrepreneurs.
Actionable insights on landing and keeping the first customers for your new startup or small business.
Here are six simple steps to help you create a professional business website.
A complete guide on starting your own successful, sustainable small business.
Actionable tips to help you start your own consulting business.
Here is the ultimate 9 step guide on how to open an Etsy shop and turn your hobby into a business.
The most successful brands have simple logos. There's an important connection between simplicity and success.
Our award-winning dedicated customer support team has a 99% satisfaction rating, and can help by phone, mail and chat.
We're happy only when you are.
Our support team is always ready to help you with a free, no obligation design consultation.