Provided by: Jennifer Kirschenbaum, Esq.
May 25, 2021
I recently formed a professional corporation under my own name, but I want to use a trade name advertise and conduct business? Do I have to register with New York State or can I just use the name I pick?
Written by: Michael Foster, Esq.; Mfoster@kirschenbaumesq.com
Great question and one that we encounter fairly often from clients. Initially you may have formed a PC, simply using your own name (Dr. X, P.C.) but now you want to conduct business under a different more unique name. There is no problem with that and you don’t need to form a new PC or change the name of your existing PC but you will need to register with NYS and file a certificate of Assumed Name, otherwise known as a DBA (doing business as). NY Gen Bus L § 130 requires that all corporations, LLC’s, etc. shall not carry on or conduct or transact business in New York under any name or designation other than his or its real name, or carry on or conduct or transact business in this state as a member of a partnership, unless, the corporation files the certificate of assumed name with the New York Department of State. Therefore a corporation cannot just determine to conduct business in New York under a name other than its legal corporate name, without filing the requisite form with New York State. More information on assumed names can be found at the New York State website at https://dos.ny.gov/certificate-assumed-name-domestic-and-foreign-business-corporations.