Departments

Doing Business As (DBA) Filings

Description:

In accordance with New York State General Business Law (Section 130), the County Clerk accepts and files certificates of persons conducting business under an assumed business name. These transactions are commonly referred to as DBA (Doing Business As) filings.

 

The General Business Law requires that individuals or partners conducting commercial activity under a name that is not their real name must file DBA certificates with the County Clerk. Filing a DBA protects the business name from use by others in the county where it is filed.

 

Please note that the law requires that DBA certificates contain specific language. Forms for DBA filings, amendments and discontinuances may be obtained at the Franklin County Clerk’s Office. Forms are also available at some stores which carry legal stationery or business supplies. A filer may also consult with an attorney to draw-up the appropriate forms, particularly if filing a partnership.

 

There are three basic DBA filings:

Original

Amendments

Discontinuances

 

Original DBA

Prior to filing an original DBA the party should go to the Franklin County Clerk's Office to ensure that the desired name is available.

 

The filer should complete a DBA form. The form is presented to a clerk for filing. The cost to file your DBA is $30 for an Individual DBA and $30 for a Partnership DBA (which includes the filing fee, a copy for the filers’ records and a certified copy for proof of filing). A certified copy is normally required by banks when opening the business account(s).

 

DBA forms can be mailed to the Clerk’s Office provided there is no conflict in the name chosen, the forms have been notarized, and a check or money order made payable to the Franklin County Clerk is enclosed.

 

Amending a DBA 

A DBA can be amended by filing the appropriate amendment forms.

 

Amendments can only be filed to change the business address, the business name and to add or remove (withdraw) partners. Amendments and withdrawals require a reference to the original, or most recent filing. The cost to file an amendment DBA is $30.

 

Discontinuing a DBA

When individuals or partners cease to conduct business, a DBA can be discontinued. A DBA is discontinued by filing the appropriate forms at the Clerk’s Office.

 

Like amendments and withdrawals, a discontinuance requires reference to the original filing and any amendments. There is no fee for filing a discontinuance.  This form may be obtained from the Franklin County Clerk's Office, downloaded below or purchased from a store that carries legal forms.

 

DBA Forms- Can be found on the Clerk's main page under Documents

DBA Individual

DBA Partnership

DBA Discontinuance

 

How to Apply for an Employer Indentification Number (EIN)

This is Not done through the County Clerk's Office.   

  

Corporations & Limited Liability Companies (LLC)

Corporations and Limited Liability Companies are all filed through New York State. Please call NYS at (518)473-2492, or visit their website.

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