New York DBA Filing: Cost & Forms (2026)

Fact-checked by the LegalGlass editorial team against primary sources · Published Aug 6, 2026 · Last updated Aug 6, 2026

In New York a DBA is called an assumed name, filed under General Business Law § 130. A sole proprietor or partnership files a business certificate with the County Clerk in each county of operation; an LLC or corporation files a Certificate of Assumed Name (DOS-1338-f) with the Department of State for a $25 base fee. There is no newspaper publication requirement for the assumed name itself.

New York's DBA: The Certificate of Assumed Name

New York does not use the term "DBA" in its statutes; the legal concept is an assumed name, governed by Section 130 of the New York General Business Law. Any person or entity that conducts business under a name other than its true legal name must file a certificate identifying the real party behind the trade name. The filing office depends entirely on who is doing business: unincorporated owners file at the county level, while registered entities file with the state. Getting this split right is the single most important step, because filing in the wrong office does not satisfy the requirement. For the general concept, see what a DBA is.

General Business Law § 130 exists for public accountability, not brand protection. The certificate lets a customer, creditor, or court trace the assumed name back to a responsible person or company. It does not create a legal entity or protect personal assets - for that you form an LLC or corporation. If your goal is a business that limits liability, review how to form an LLC in New York and sole proprietorship vs LLC before choosing a DBA.

Sole Proprietors and Partnerships: File with the County Clerk

If you operate as a sole proprietor or general partnership, you file a business certificate (a "Certificate of Assumed Name" for an individual or partnership, commonly the X-201 form) with the County Clerk in each county where you conduct business. You do not file with the Department of State. General Business Law § 130 requires the certificate before you carry on or transact business under the assumed name, and it must state the assumed name, the real full name of each owner, and the business address.

County Clerk fees are set locally and vary, commonly around $25 to $35, with modest extra charges for certified copies. Banks typically ask for a certified copy of the certificate to open an account in the trade name, so order at least one when you file. If you do business in more than one county, you must file in each county where you operate. Because a sole proprietorship gives no liability protection, many owners eventually convert to an LLC; see sole proprietorship vs LLC for the trade-offs.

LLCs and Corporations: File with the Department of State

A registered entity - a domestic or foreign LLC, corporation, limited partnership, or limited liability partnership - files a Certificate of Assumed Name, form DOS-1338-f, with the New York Department of State, Division of Corporations, not with a County Clerk. The certificate lists the entity's true name, its jurisdiction, and the assumed name it will use. This is how an existing New York LLC runs a second brand under its single legal entity without forming another company.

The base Department of State filing fee is $25. For an LLC or limited partnership, $25 is the entire state fee. For a corporation, the $25 base is joined by a per-county fee based on where the corporation does business: $25 for each county, or $100 for each of the five New York City counties (New York, Kings, Queens, Bronx, and Richmond). Because those add-ons can grow quickly for a corporation operating citywide, confirm the county list and total on the Department of State's assumed name page before you submit. The assumed name does not replace the entity's registered name or its registered agent obligations.

How to File a New York DBA, Step by Step

The process differs by business type, but the sequence below covers both tracks.

1. Determine who must file. Decide whether you are a sole proprietor or general partnership (County Clerk) or a registered entity such as an LLC or corporation (Department of State). This dictates the office, form, and fee.
2. Choose and check the assumed name. Pick a trade name that does not falsely suggest it is a corporation or LLC if the filer is not one, and - for entities - that is distinguishable from your registered name. Confirm your target name does not infringe a federal trademark.
3. File the correct certificate. Sole proprietors and partnerships file the business certificate with the County Clerk in each county of operation; entities file the Certificate of Assumed Name (DOS-1338-f) with the Department of State, by mail or through the state's online business filing services.
4. Pay the filing fee. Pay the county-set fee (sole proprietors and partnerships) or the $25 base state fee plus any per-county fee (corporations). LLCs and LPs pay the flat $25 state fee.
5. Use the DBA and keep proof. Take the certified certificate to your bank, keep it with your records, and keep using your existing EIN. Update licenses and permits that display the business name.

New York DBA Filing Fees (2026)

The table summarizes the state-set fees for a Department of State assumed name and the general range for county filings, which are set by each County Clerk. Confirm the exact county fee with the specific clerk's office where you file.

For how a DBA fits alongside entity costs, see New York LLC cost and the national how much an LLC costs guide.

Choosing and Checking Your Assumed Name

General Business Law § 130 restricts what an assumed name may be. It may not falsely imply a corporate or LLC status the filer does not have, and it may not appear to be the full personal name of someone other than the actual owner unless an exception applies. For a registered entity, the assumed name should be distinguishable from the entity's own registered name and clearly identify the business to the public. Before committing, search the Department of State's business records to see how similar names are already in use, and check the federal trademark register so your trade name does not collide with someone else's protected brand.

Remember that filing an assumed name gives little exclusivity: another business may use a similar DBA. If owning and defending a brand matters, a trademark - not a DBA - is the tool. A DBA answers the question "what may I legally call my business?"; a trademark answers "what brand can I stop others from using?"

What a DBA Does Not Do (No Publication, No Shield)

Two common misconceptions deserve a direct answer. First, a New York assumed name has no newspaper publication requirement. Publication is a separate rule that applies to forming a New York LLC under Limited Liability Company Law § 206 - where a new LLC must publish notice in two newspapers for six weeks - and it does not carry over to a DBA. If you are forming an LLC, that publication step still applies; see how to form an LLC in New York.

Second, a DBA provides no liability protection and creates no separate entity. A sole proprietor who files an assumed name remains personally liable for business debts, exactly as before. The certificate simply makes the responsible party findable. If limiting personal liability is your goal, the answer is an LLC or corporation, and a DBA can then be layered on top of that entity for branding.

After You File: EIN, Bank Account, and Taxes

A DBA does not change your tax identity. The IRS states you do not need a new EIN merely because you change your business name, so your sole proprietorship (using your SSN or EIN) or your entity keeps its existing number and files the same returns; the assumed name simply appears on invoices, signage, and often the bank account. If you do not yet have a federal tax ID and plan to open an account under the trade name, see how to get an EIN.

Filing a DBA also does not register you for taxes or licenses. If you sell taxable goods or services in New York, you must separately register as a sales tax vendor and obtain a Certificate of Authority from the Department of Taxation and Finance before making sales. Depending on your activity and location, you may also need state or local permits; see business licenses in New York and the national business license overview. If your business is an LLC, keep its ongoing filings current as well; see New York biennial statement.

Penalties for Failing to File

Skipping the assumed name filing carries a practical penalty in New York. Under General Business Law § 130, a person or entity that conducts business under an assumed name without filing the required certificate generally cannot maintain a lawsuit in a New York court on a contract or transaction made under that name until the certificate is filed. In other words, you may be unable to enforce your own contracts in court until you cure the omission. Non-compliance can also be treated as a violation. Banks, in turn, usually will not open an account in a trade name without seeing the filed certificate, so the missing DBA blocks routine business steps. The fix is straightforward: file the correct certificate in the correct office, keep a certified copy, and update it if the owners or address change. When you eventually close an entity that holds a DBA, follow how to dissolve an LLC in New York.

Frequently Asked Questions

What is a DBA called in New York?

An "assumed name," under General Business Law § 130. Sole proprietors and partnerships file a business certificate with the County Clerk; LLCs and corporations file a Certificate of Assumed Name (DOS-1338-f) with the Department of State.

How much does a DBA cost in New York?

For LLCs and LPs the state fee is a flat $25. For corporations it is $25 plus $25 per county ($100 per NYC county). Sole proprietors pay a county-set fee, commonly around $25 to $35, at the County Clerk. See New York LLC cost.

Where do sole proprietors file a DBA in New York?

With the County Clerk in each county where they do business, not with the Department of State. The Department of State handles assumed names only for registered entities such as LLCs and corporations.

Does a New York DBA require newspaper publication?

No. The assumed name certificate has no publication requirement. Publication applies to forming a New York LLC under LLC Law § 206, not to a DBA.

Do I need a new EIN when I file a DBA in New York?

No. The IRS says a name change alone does not require a new EIN. Your business keeps its existing tax ID and uses the assumed name publicly.

Does a New York DBA protect my name or give liability protection?

No. It is only a registered trade name - no entity, no asset protection, no exclusive brand rights. For protection you form an entity; for exclusive rights you pursue a trademark.

Related

• What is a DBA? (concept hub)
• How to form an LLC in New York
• New York registered agent
• New York LLC cost and fees
• New York biennial statement
• Business licenses in New York
• How to trademark a business name
• How to dissolve an LLC in New York
• DBA (glossary)

Sources

1. New York Department of State - Certificate of Assumed Name for Domestic and Foreign LLCs (DOS-1338-f; $25 flat fee for LLCs).
2. New York Department of State - Certificate of Assumed Name for Domestic and Foreign Business Corporations ($25 base plus per-county fee; $100 for each NYC county).
3. New York Department of State - Division of Corporations, State Records and UCC (filing office for assumed names of entities).
4. New York State Senate - General Business Law § 130, Conduct of business under assumed name (County Clerk vs. Secretary of State; inability to sue until filed).
5. New York Business Express - Certificate of Assumed Name (DOS-1338-f) (who files; filing overview).
6. New York State Senate - Limited Liability Company Law § 206, Publication (publication applies to LLC formation, not to a DBA).
7. New York Department of Taxation and Finance - Register as a sales tax vendor (Certificate of Authority required before making taxable sales).
8. IRS - Do you need a new EIN? (no new EIN for a business name change).
9. IRS - Get an Employer Identification Number (free EIN).
10. U.S. Small Business Administration - Choose your business name (DBA = trade/fictitious/assumed name; no legal protection by itself).
11. U.S. Small Business Administration - Register your business (name registration vs. entity registration).
12. Cornell Law School, Legal Information Institute - Sole proprietorship (unincorporated; owner personally liable).
13. Cornell Law School, Legal Information Institute - Limited Liability Company (LLC) (state-formed entity; limited liability).

LegalGlass provides general information for educational purposes and is not a law firm or a substitute for advice from a licensed attorney or tax professional. Assumed name rules, county fees, and forms vary by county and change over time; verify current requirements with the New York Department of State and the appropriate County Clerk before filing.