New York Certificate of Discontinuance of Business

State:
New York
Control #:
NY-ONC-27
Format:
PDF
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Description

Certificate of Discontinuance of Business
A New York Certificate of Discontinuance of Business is a document issued by the New York State Department of Taxation and Finance that officially terminates a business’s existence in the state. This document is necessary when a business is no longer actively operating in New York, either because it has been relocated to another state or because it has ceased operations completely. There are two types of New York Certificate of Discontinuance of Business: the Certificate of Dissolution and the Certificate of Cancellation. The Certificate of Dissolution is issued when a business is voluntarily terminating its operations, and the Certificate of Cancellation is issued when a business is involuntarily terminated due to bankruptcy or other legal action. Both types of certificates must be filed with the New York State Department of Taxation and Finance to officially discontinue the business’s existence in the state.

A New York Certificate of Discontinuance of Business is a document issued by the New York State Department of Taxation and Finance that officially terminates a business’s existence in the state. This document is necessary when a business is no longer actively operating in New York, either because it has been relocated to another state or because it has ceased operations completely. There are two types of New York Certificate of Discontinuance of Business: the Certificate of Dissolution and the Certificate of Cancellation. The Certificate of Dissolution is issued when a business is voluntarily terminating its operations, and the Certificate of Cancellation is issued when a business is involuntarily terminated due to bankruptcy or other legal action. Both types of certificates must be filed with the New York State Department of Taxation and Finance to officially discontinue the business’s existence in the state.

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FAQ

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.

No exclusivity to the business name: Unlike a trademark, a DBA does not protect the assumed name that you are operating under. In fact, companies in other counties or states may use the same name.

Fees. $25 filing fee for Certificate of Assumed Name. In addition to the $25 New York Department of State filing fee, an additional county filing fee is collected based on the county or counties in which the corporation does business or intends to do business.

If you plan on conducting a for-profit business through a sole proprietorship or general partnership under any name other than your own, you are required by law to file a Business Certificate (also called a Certificate of Assumed Name).

Complete and file the Certificate of Change with the Department of State. The completed Certificate of Change, together with the statutory fee of $30, should be forwarded to: New York Department of State, Division of Corporations, One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231.

A DBA is required whenever a business is operating under a name other than its legal name. In the case of a sole proprietorship, you will need a DBA if you are operating under a name other than your own personal name. Partnerships in NY must always file a DBA in all counties where they transact business.

Some counties/cities/states require annual renewal, while others (such as Texas) don't require renewal for up to 10 years. DBAs in other states, such as New York, never expire.

Businesses that conduct business under a name that is not their legal name need a Certificate of Assumed Name. This certificate is also called the "doing business as (DBA) certificate." Businesses must file the certificate with the New York State Department of State (NYSDOS).

More info

Complete and file the Certificate of Discontinuance of Assumed Name with the Department of State. Edit, sign, and share discontinuance of business form online.No need to install software, just go to DocHub, and sign up instantly and for free. Certificate of DISCONTINUANCE of Doing Business. Only the original discontinuance certificate must be submitted for filing. Certificate of Discontinuance of Business for Partners. Certificate of Discontinuance of Business as Partners. In the City of Springfield as set forth in Certificate filed in the Office of the City Clerk of said City of Springfield. If you dissolve your business, you should file a certificate of discontinuance with our office. Use the Certificate of Discontinuance of Business or Certificate of Discontinuance of Business as Partners form.

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New York Certificate of Discontinuance of Business