Choosing a business name for your business is exciting, but it can also be a little intimidating.
You need a catchy name that accurately represents your new business, suits your niche, and engages your target audience’s emotions.
Once you’ve chosen the perfect business name, in order to start your NYS LLC formation process with that name, you must ensure it’s available in New York State (which means conducting a business entity search) and compliant with state regulations.
Here’s the deal: You come up with the business name, and we’ll tell you how to do the rest.
Why Do You Need to Do a Business Entity Search?
A business entity search is when you look for information about a company or organization registered as a legal entity.
You can run a business entity search for several reasons, such as a New York LLC lookup to vet a company you deal with. In our case, it’s to see if your chosen business name is available in New York State.
New York Naming Guidelines
The name you choose for your New York LLC must comply with state guidelines; otherwise, the New York Department of State will reject your filing.
New York naming requirements:
- Distinctive: Your business name must be unlike any LLCs, limited partnerships, or corporations on the Department of State’s file. You can confirm this by running a business entity search on the New York Department of State’s Corporation & Business Entity Database.
- Specific inclusions: Your LLC name must contain the words “Limited Liability Company” or the approved abbreviations “L.L.C.” or “LLC.”
- Prohibited words/phrases: Words that suggest a government agency, or words like “bank,” “insurance” or “doctor” that need another agency’s approval, may be rejected.
Conducting a Business Name Search in New York: Step-by-Step Guide With Tips
Government websites can be confusing (and intimidating). Here are some tips for avoiding mistakes when using the New York Department of State’s business name registration tool.
- All letters are considered uppercase during the name search, so you don’t have to use upper and lower case.
- For best results, search using single names (like a single keyword on Google search).
- Do not add or remove unnecessary spaces; enter your business name as you spell it.
- When searching for a business name, select all entity types.
Now, we’ll look at the tool itself and the different sections.
Search options
Open the Department of State’s Corporation and Business Entity Database (no login needed).
Here you will see the below page:
Next, select the appropriate filters:
- Search by: Entity name/ DOS ID (Department of State Number)/ Assumed name/ Assumed name ID (select entity name).
- Search by entity name: Enter your chosen business name.
- Entity type: All statuses/Active/Inactive/Suspended (select all statuses).
- Search functionality: Base word/ Contains/ Begins with (select contains).
- Entity list: Corporation/ Limited Liability Company/ Limited/ Partnership/ Limited Liability Partnership (select all).
- Search the database: Press search, and the entity database will show if the business name is registered.
Reviewing the results
The search results will display any registered business entities with your chosen name (or similar).
The example below shows 2 results for the same (or similar) name.
If your chosen business name appears, click on it to see if it’s active and for further information, which brings you to the below page:
If an active entity already uses the name, or one too similar to it, choose a different name and search again.
Fictitious name/DBA/assumed name
A fictitious name (Doing Business As) is a name you can use other than your LLC state-registered name. Or with sole proprietorships, your private name.
To confirm an available DBA New York, use the same Business Name Database and select “Assumed name.”
LLCs register a DBA by filing a Certificate of Assumed Name with the New York Department of State. Sole proprietors and partnerships file with their county clerk instead.
The fees and mailing address are:
- DBA Fee: An LLC pays a $25 filing fee, with no county fees. (Corporations also pay county fees.)
- Mailing address: New York Department of State, Division of Corporations, One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231.
Fees
The LLC New York cost of $200 filing fee includes your business name registration.
Your name is registered when the Department of State files your Articles of Organization. Expedited handling costs extra: $25 (within 24 hours), $75 (same day) or $150 (within 2 hours).
What Can You Do Once You Have an Available Name?
Once you’ve confirmed that your chosen business name is available, you can register it.
However, suppose you need more time to form your LLC. In that case, you can reserve a business name, which allows you to research the domain’s availability and register it as a trademark.
Here’s how you do all 3:
Consider name reservation
You can reserve an available business name for 60 days by filing an Application for Reservation of Name. You can extend a reservation twice, for 60 days each ($20 per extension), if you file before it expires.
How to reserve a business name in New York:
- Confirm the name’s availability on the New York Corporation & Business Entity Database.
- Apply for Reservation of Name under Section 205 of the Limited Liability Company Law.
- Pay the $20 Application for Reservation of Name filing fee.
You can pay by cash, check, MasterCard, Visa, money order, or American Express.
To pay using a credit or debit card, complete the Credit/Debit Card Authorization Form and send it to the Division of Corporations with your service request.
Consider trademarking your name
A trademark protects your LLC’s intellectual property, stopping others from using what you trademark, such as your chosen business name and brand designs, like a logo or slogan.
In our case, we want to trademark your LLC business name, which means first, you must ensure it’s available as a trademark by checking the US Patent and Trademark Office (USPTO) database search tool.
Once you confirm the name’s availability, register or reserve it with the New York Department of State because your LLC should come before your trademark.
Finally, apply for a trademark using the US Patent and Trademark Office (USPTO) online application process.
Consider domain registration
You use your LLC name for all legal and branding purposes (unless you use a DBA) and a domain name for your brand’s online digital address.
Ideally, the two should be the same.
To confirm your business name is available as a domain, you must:
- Search availability on a domain registration site, like GoDaddy.
- Run a trademark check with the USPTO.
- Check the domain isn’t registered under a different Top-Level Domain (TLD).
- Confirm the domain is available on all social media platforms using a search tool.
Conclusion
Your next step is to navigate the New York Department of State Business Name Database to ensure the business name you want to use is available.
If it is, consider registering it as a trademark and get the domain.
If it isn’t available, don’t worry because there are many ways to come up with a business name.
Remember, don’t rush choosing your business name because if you start and run your business right, you’ll use it long into the future.
FAQ
You run a business entity search to ensure the business name you want to use isn’t registered by a legal business entity or as a DBA in New York state.
To confirm your chosen business name’s availability, run a name search on the New York Department of State Corporation and Business Entity Search Database.
It costs $20 to file a Request for Extension of Reservation of Name in New York. Each extension adds 60 days, up to two extensions.
An LLC can use a DBA once it files a Certificate of Assumed Name with the New York Department of State.
Your LLC name must be distinguishable from other entities on file with the Department of State, must include “Limited Liability Company,” “LLC” or “L.L.C.,” and can’t use restricted words without approval.