Doing Business As (DBA) Filings
In accordance with New York State General Business Law (Section 130), the County Clerk accepts and files certificates of persons conducting business under an assumed business name. These transactions are commonly referred to as DBA (Doing Business As) filings.
The General Business Law requires that individuals or partners conducting commercial activity under a name that is not their real name must file DBA certificates with the County Clerk. Filing a DBA protects the business name from use by others in the county where it is filed.
The law requires that DBA certificates contain specific language. Forms may be purchased in the Monroe County Clerk’s Office. Forms are also available at some stores which carry legal stationery or business supplies. A filer may also consult with an attorney to draw-up the appropriate forms, particularly if filing a partnership.
There are three basic DBA filings:
- Original (form cost is $3 for individuals and $4 for partnerships)
- Amendments (form cost is $3 for individuals and $4 for partnerships)
- Discontinuances (form cost is $2)
Original DBA
Prior to filing an original DBA, the filer reviews business names already assigned to ensure that the desired name is available. A list is available for public viewing at the information counter of the Monroe County Clerk’s Office.
Once the filer is sure the desired name is available he or she completes a DBA form. The form is presented to a clerk for filing. The fee is $30 which includes the filing, a copy for the filers records and a certified copy for proof of filing. A certified copy is normally required by banks when opening the business account(s).
DBA forms can be mailed to the Clerk’s Office provided there is no conflict in the name chosen, the forms have been notarized, and a $30 check or money order made payable to the Monroe County Clerk is enclosed.
Note: The law requires that DBA certificates contain specific language. Forms may be purchased in the Monroe County Clerk’s Office. Forms are also available at some stores which carry legal stationery or business supplies. A filer may also consult with an attorney to draw-up the appropriate forms, particularly if filing a partnership.
Amending a DBA
A DBA can be amended by filing the appropriate amendment forms.
Amendments can only be filed to change the business address, the business name and to add or remove (withdraw) partners. Amendments and withdrawals require a reference to the original, or most recent filing. Hence, this function is performed in the customer service area so that the previous filing can be retrieved without causing unnecessary delays for other customers at the front counter. The filing fee for the amendment is also $30.
Note: The law requires that DBA certificates contain specific language. Forms may be purchased in the Monroe County Clerk’s Office. Forms are also available at some stores which carry legal stationery or business supplies. A filer may also consult with an attorney to draw-up the appropriate forms, particularly if filing a partnership.
Discontinuing a DBA
When individuals or partners cease to conduct business, a DBA can be discontinued. A DBA is discontinued by filing the appropriate forms at the Clerk’s Office.
Like amendments and withdrawals, a discontinuance requires reference to the original filing and any amendments. There is no fee for filing a discontinuance.
Note: The law requires that DBA certificates contain specific language. Forms may be purchased in the Monroe County Clerk’s Office. Forms are also available at some stores which carry legal stationery or business supplies. A filer may also consult with an attorney to draw-up the appropriate forms, particularly if filing a partnership.
