In New York, a DBA is called an assumed name certificate, and General Business Law section 130 decides where you file it. A sole proprietor or general partnership files with the county clerk in each county where it does business. A corporation, LLC or limited partnership files with the Department of State, which charges $25 plus a county fee for each county listed: $100 for a county in New York City and $25 elsewhere, as of October 2026.
New York doesn't use the word DBA in its law. The rule lives in section 130 of the General Business Law, and the document is an assumed name certificate. Once you know that, most of the confusion goes away. The big question is who you are, because that decides whether you're dealing with a county clerk or with the state.
When New York says you need an assumed name certificate
Section 130 says no person shall carry on or conduct business in New York under any name other than its real name unless it has filed a certificate. The law spells out what the real name is:
- for a corporation, the name in its certificate of incorporation
- for a limited partnership, the name in its certificate of limited partnership
- for an LLC, the name in its articles of organization, plus generally accepted abbreviations of that name
There's a useful exception for companies. Using a divisional, departmental or trade name together with the real name counts as using the real name. So "Hudson Bakes LLC, catering division" doesn't need a certificate, but trading as plain "Hudson Catering" does.
Individuals get one more rule. Under subdivision 2, a sole proprietor or partnership can't file a name that looks like a person's full name, or a person's initials and family name, unless it's the owner's own name, it has a clear secondary, historic or geographic meaning, or the business is the successor to the person who used it before. That rule doesn't apply to corporations, LPs or LLCs.
Where you file depends on what kind of business you are
| Who is using the name | Where the certificate goes | What it must show |
|---|---|---|
| Sole proprietor or general partnership | The county clerk of each county where the business is conducted | The assumed name, the address in that county, the full name and residence address of every owner or partner, and the age of anyone under 18 |
| Corporation, LLC or limited partnership | The New York Department of State | The assumed name, the entity's real name, its principal place of business in New York, every county where it does or plans to do business, and each address where it trades |
For individuals, the certificate has to be signed and acknowledged by every person conducting the business, so it usually needs a notary. For a company, an officer, general partner, member, manager or authorized person signs it.
What the filing costs in New York
For corporations, LLCs and LPs, section 130 subdivision 5 sets the state fee, and the Department of State also collects a county fee for every county named on the certificate. Those county amounts come from section 8021 of the Civil Practice Law and Rules. Here's how it adds up, as of October 2026:
| Fee | Amount | Where it comes from |
|---|---|---|
| Department of State filing and indexing fee | $25 | General Business Law 130(5)(b)(1) |
| County fee, each county within New York City | $100 | CPLR 8021 |
| County fee, each other county | $25 | CPLR 8021 |
So an LLC that only trades in Albany County pays $25 to the state and $25 for the county. An LLC listing all five New York City counties pays the $25 state fee plus $100 for each of them. That's why it's worth listing only the counties where you'll trade, not every county you might one day reach.
Sole proprietors pay the county clerk directly. The same CPLR 8021 schedule applies, $100 in a New York City county and $25 in other counties, as of October 2026. Ask for a certified copy while you're there, because you'll need one to display.
State rules differ, and our Virginia DBA walkthrough covers another state filing.
You have to display it, and keep it current
Two rules in section 130 surprise people. Subdivision 4 says a certified copy of the certificate, or of the latest amended one, must be conspicuously displayed at each place where the business is conducted. And subdivision 3 says that if the facts on the certificate stop being accurate, you must file an amended certificate within 30 days after the change.
Moving premises, adding a county, bringing in a new partner or changing a home address for a sole proprietor all count. When you stop using the name, subdivision 10 lets you file a certificate of discontinuance with the same office that took the original.
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Another state filing worth knowing about is covered in our Illinois DBA walkthrough.
What happens if you trade without one
Subdivision 9 is the one with teeth. A business that hasn't filed is prohibited from maintaining any action or proceeding in a New York court on a contract, account or transaction made in a name other than its real name, until the certificate is filed. In plain terms, if a customer doesn't pay an invoice issued under your trading name, you can't sue to collect until you've fixed the filing.
Subdivision 8 adds that failing to comply doesn't affect the rights of third parties, so customers and suppliers can still enforce their contracts against you. The penalty falls on your side only.
A certificate also doesn't protect the name. Subdivision 8-a says acceptance of a certificate by the clerk or the Department of State doesn't mean the name is free of other people's rights. If you want the name for yourself, our DBA registration guide explains the difference between a DBA and a trademark, and the New York LLC guide covers forming the company first if you'd rather trade under its real name.
Frequently asked questions
Where do I file a DBA in New York?
Sole proprietors and general partnerships file an assumed name certificate with the county clerk in each county where they do business. Corporations, LLCs and limited partnerships file with the New York Department of State.
How much does a DBA cost in New York?
For an LLC or corporation, the Department of State charges $25 plus a county fee for each county listed: $100 for a county within New York City and $25 for other counties, as of October 2026, under GBL 130 and CPLR 8021.
Does a New York LLC need a DBA?
Only if it trades under a name other than the name in its articles of organization. Using a division name together with the LLC's real name counts as using the real name under section 130.
What happens if I don't file a DBA in New York?
Under section 130(9), you can't maintain a court action on a contract made under the assumed name until the certificate is filed. Customers can still enforce their contracts against you.
When must a New York assumed name certificate be amended?
Yes. Section 130(3) requires an amended certificate within 30 days after any fact on the certificate changes, such as an address, a county or a partner.
