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Filing A Business Certificate In New York

 

Guide to Obtaining & Filing a Business Certificate*
*also known as a DBA or Trade Style certificate

Step 1
Where do I get the proper forms to file?
Forms are available at commercial stationery stores and must be notarized properly.


Which forms do I need?
Sole Proprietorship - Form X-201
Partnership - Form X-74


How many forms should I obtain?
Three (3) forms: one for the County Clerk's records, one for your bank, and the third for display at your business.


Who must file a business certificate?
Any person operating a for-profit business in a name other than his or her own. Papers should be filed with the appropriate County Clerk’s office.

County Clerks' Offices
BRONX 851 Grand Concourse, Rm. 118, Bronx, NY 10451 718-590-3642
KINGS (BKLYN) 360 Adams Street, Rm. 189, Brooklyn, NY 11201 718-443-8012
MANHATTAN NYS Supreme Ct. Bldg., Rm 109, 60 Centre Street, NY, NY 10007 212-374-8314
QUEENS Attn: Cert/Dept, 88-11 Sutphin Blvd., Rm 106, Jamaica, NY 11435 718-520-3704
RICHMOND (SI) RM 103, 18 Richmond Terrace, Staten Island, NY 10301 718-390-5389

The filing fee is $100 to file, and an additional $10 fee for each certified copy. All fees must be paid with cash, certified check, or money order

The business certificate must include:
* The name of the business
* The full address not a P.O. Box or C/O
* The full name of the business owner(s)
* Proof of home address


Proof of home address:
* Driver's license or car registration
* Voter registration card
* Post marked envelope addressed to you in your full name
* Recent credit card statement with your name & address
* Bank statement or passport which has your full name and address

Can I Use Any Business Name I Want?
No. First you must complete a name check. All names & initials used on the certificate must be explained on the certificate. Because a name is not listed does not mean it is acceptable for filing.

Please Note - On Form X-201, you may not use the following terms: associates, limited, consultants, groups, or any other name that suggests that there is more than one owner of the business. You may not use the words: club, social club, U.S.A., United States. You may not use the first and last name of an individual in the name of your business.


To Make Any Changes From The Original Filing Of The Certificate
To change the name, address of a business, the home address of owners, or to add or remove a partner; you must file a business certificate and pay $100. The form needed is T224. The information at the top of Form T224 must conform exactly with the original filing. You must enter the change in the middle of the form in the space provided.


To Close Your Business
You must purchase one of the forms listed below, have it notarized, and then file it with the County' Clerk's office. Sole Proprietorship-T341, Partnership- T176.


Corporations and Not-For-Profit Corporations
These are filed with the NYS Secretary of State, Division of Corporations and Records, 41 State St, Albany, N.Y., 12231(518) 473-2492. Religious Corporations and Limited Partnerships are filed with the County Clerk's office, Law Department.

Step 2
Resale # & Sales Tax Certificate/If Retail
State Dept of Taxation & Finance/Metro District
55 Hanson Place
Brooklyn, NY 11217
(800) 225-5829 or (718) 722-2030
Pubs - #20 - NYS Guide for New #750 - Guide to Sales Tax Businesses


Step 3
Tax ID.(EIN) (SS-4 Forms)

Internal Revenue Service (NYC)
290 Broadway, New York, NY
For tax info: (800) 829-1040
For tax forms: (800) 829-3676

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Important Telephone Numbers for Small Businesses


 

Further Information


NYC Dept. of Business Services
110 William Street
New York, NY 10038
(212) NY*MAGIC (696-2442)

 


NYC Licensing Center
Dept. of Health/Consumer Affairs
42 Broadway - 5th Floor
New York, NY 10004
(212) 4374436


NYS Office of Business Permits
(800) 342-3464


Other Important Agencies


NYC Dept or Finance
For "The NYC Tax Guide" call: (71S) 935-6739 and ask for BOOKLET "X"


Alcohol
NYS Liquor Authority
11 Park Place
New York, NY 10007
(212) 417-4002


Labor
NYS Department of Labor
345 Hudson Street
New York, NY 10014
(212) 352-6000


Grocery – Bodegas
NYS Dept of Agriculture & Markets
NYC Office
55 Hanson Place
Brooklyn, NY 11217
(718) 722-2876

 

Every county requires anyone operating a profit-seeking business, in a name other than their own, to acquire a business certificate. Each county clerk's office files forms for particular cities. Check with your local county office before filling out the proper form.

Prior to going to the county clerk's office, get hold of "form X-201 for sole proprietors only" or "form X-74 for two or more owners." These forms are available at most stationary stores that sell business forms. You will need to buy three. One is filed with the clerk's office, one certified copy is filed with the bank and one certified copy is to be displayed at your place of business. The form is fairly easy to fill out but use caution because it will be rejected if there are too many white-outs, cross-outs or other correction marks.

There are guidelines that you must follow when selecting a name, including conducting a name search. The name search is easy to do and does not require much time. The clerk's office usually has the computer and books on file to do the search. After knowing your name is not taken, you can place it on the form. Know the following words can not be used: Associates, Group, Consultants, Limited, LTD, Inc., Corp., Corporation or Incorporated. Some other words are periodically added to the list so it is in your best interest to check this thoroughly when you go to the clerk's office.

In New York County filing fees are one hundred twenty dollars ($120) to file and ten dollars ($10) for each certified copy. It is very important to know that they accept cash, credit cards, and post office money orders ONLY. Any other form of payment not listed will be rejected, so please make sure to use one of the payment types specifically mentioned. You will need to get your forms notarized. Make sure the notary's signature is in the right place, right below the acknowledgment at the bottom of the form. Know they will not accept the form if you use a Post Office Box address; the name of the business is a proper name (that is not your own); or your place of business is not located in the county in which you are filing.

To file a discontinuance of a business certificate there is no filing fee, however, to change the address costs another one hundred dollars ($100) plus ten dollars ($10) per certified copy. The form you need to amend your business certificate is form T-244; discontinuance of a general partnership is form T-176; and discontinuance of a sole proprietor is form T-341.

County Clerk Offices:
 
New York County Clerk
60 Centre Street
New York (212) 374-8359
Kings County Clerk
360 Adams Street
Brooklyn (718) 643-8012
Bronx County Clerk
Grand Concourse
Bronx (718) 590-3642
Richmond County Clerk
18 Richmond Terrace
Staten Island (718) 390-5389
Nassau County Clerk
Old Country Road
Mineola (516) 571-2664
Queens County Clerk
88-11 Sutphin Blvd.
Jamaica (718) 520-3704
Suffolk County Clerk
Center Drive
Riverhead (516) 852-2000
Westchester County Clerk
110 Grove Street
White Plains(914) 285 3080

 

 
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