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State, Department of State
By law, businesses organized as corporations, limited liability companies, and limited partnerships are required to conduct activities under their true legal name. If a business wishes to conduct business under a name other than its true name, such as a trade name, the business owners must then file a certificate with the New York State Department of State. This certificate is called a 'certificate of assumed name,' also known as a 'doing business as (d/b/a) certificate.'

A certificate of assumed name or 'doing business as' certificate can be filed at the same time as other business filings that are required to start a business. Businesses may draft their own document which complies with Section 130 of the NYS General Business Law, purchase a standard form in a legal stationery store, or use DOS Form 1338-FL from the NYS Department of State.

New York City-based businesses can file the certificate of assumed name directly with the NYS Department of State, either in person by visiting the New York City area office, or by mail through the main office in Albany.

Business owners should consult with an attorney to learn about the full implications of various legal structures.

Note that businesses entities such as general partnerships or sole proprietorships do not file the certificate of assumed name with the NYS Department of State. Instead, these two types of business entities file what is called a business certificate with the county clerk of the county or counties where the business will operate. Click the following link for information on this requirement.

Contact the NYS Department of State for any further information.


NYS Department of State
Division of Corporations
One Commerce Plaza
99 Washington Avenue, 6th Floor
Albany, NY 12231
Phone: (518) 473-2492
Fax: (518) 474-1418
corporations@dos.ny.gov
Deaf, hearing impaired, and speech-disabled callers, please call 711.

Website: http://www.dos.ny.gov/

NYS Department of State
123 William Street, 19th Floor
New York, NY 10038-3804
Phone: (518) 473-2492
licensing@dos.ny.gov

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