DBA Filings
( Doing Business Under an Assumed Name)
One function of the County Clerk's Office is to accept DBA certificates for filing. The General Business Law requires that any individual or partners intending to conduct commercial activity under a name other than their given name file a DBA certificate.
Types of DBA filings:
- The original - $25.00 filing fee
- An amendment - $25.00 filing fee
- A discontinuance - No fee
The law requires specific elements be contained in the DBA certificate. The filer may wish to ask the advice of an attorney when preparing to file a DBA, especially if a partnership is involved. The forms may be purchased at a business stationary store or our office has an information packet, including the form for $1.00
Original DBA
Before filing the original DBA we provide the opportunity for the individual to review our public index to search the desired name to assure it is not being used by another individual or partnership. Once the DBA form is completed, it may be presented to a clerk for filing . If a certified copy of the form is needed ( this may be required by a bank for a business account) we will prepare one for a fee of $5.00. Regular copies are provided for .65 per page with a minimum charge of $1.30. If the filer provides the copies at the time of filing we will time stamp each copy at no charge.
Amendment to a DBA
This form is filed when there is a change to the business address, the business name or a business partner is removed or added. A reference to the original filing is helpful, but not a requirement.
Discontinuing a DBA
A DBA is discontinued when the individual or partners cease to conduct business. There is no fee involved in filing a discontinuance, but the form must be purchased and completed by the filer. In the case of a partnership, a majority of those listed, must sign the document.
DBA SUMMARY
The DBA form must be completed by the filer and can be purchased wherever legal forms are sold or an information packet, including the form, may be purchased in our office for $1.00. Bring (or mail) the completed form to:
Ontario County Clerk's Office at:
20 Ontario Street
Canandaigua, NY 14424
There is a filing fee of $25.00 (plus $5.00 per each certified copy required). Changes to DBA's (such as the names of the principals, business name, address) require a $25.00 filing fee. There is no fee to file a discontinuance. DBA forms may be mailed to our office provided they have been properly notarized. Provide us with a stamped, self-addressed envelope if requesting any copies and make the check payable to the Ontario County Clerk.
Certificates of Incorporation
These certificates, as well as the amendments and discontinuance's relating to them, are processed through the New York State Department of State in Albany. Please contact that department for filing instructions.
Since August of 1991, limited partnership agreements, amendments and dissolution's have been filed through the New York State Department of State. Our office does maintain the papers which were filed here prior to that time involving corporations and limited partnerships. Pursuant to the law, we may accept a discontinuance for a limited partnership filed here unless there were subsequent filings with the Department of State.
LLC
For publication requirements and newspaper designations for Limited Liability Companies, Limited Partnerships and Limited Liability Partnerships Click Here
