A New York Certificate of Discontinuance of Business is a document that legally confirms the termination of a business in New York. This document is filed with the New York Department of State to provide public notice that the business is no longer operating in the state. The certificate is generally filed as part of the dissolution process for a business. There are two main types of New York Certificate of Discontinuance of Business: Certificate of Discontinuance of Domestic Business and Certificate of Discontinuance of Foreign Business. The Certificate of Discontinuance of Domestic Business is filed by a business that is incorporated or registered in New York and is ceasing operations in the state. The Certificate of Discontinuance of Foreign Business is filed by a business that was formed outside of New York and has been conducting business in the state, but is now dissolving its presence in the state. The Certificate of Discontinuance of Business must be signed, notarized, and filed with the New York Department of State to be valid.
New York Certificate of Discontinuance of Business
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FAQ
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.
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.
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.
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.
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.
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.
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).
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).