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Dear Businessperson,
Your choice to embark on a new business enterprise within our borders is a sound business decision.
Nassau County’s business community includes headquarters for international financial service companies, leading law firms, and major national retailers. As a business person, you can take advantage of the many features, services, and amenities that make Nassau County a great place to live and work. A motivated work force and unique quality of life combine to make Nassau County among the most desirable business locations in the entire nation.
By filing a business or corporation, you are taking an important first step in establishing your business. To assist in complying with the legal obligations of filing and establishing your business, I have created this brochure to explain the procedures to be followed in order to properly file a business name or corporation here in Nassau County.
As you begin your new endeavor, I wish you all the best for a bright and prosperous venture.
Sincerely,
Doing Business As (D/B/A) Certificates (Assumed Name Filings)
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 D/B/A (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 D/B/A certificates with the County Clerk.
The law requires that D/B/A certificates contain specific language. Forms are available on the Nassau County Clerk website in PDF format, which can be printed from your computer. Forms are also available at legal stationery or business supplies stores. A filer may also consult an attorney to draft the appropriate forms, particularly if filing a partnership.
Once filed, a D/B/A is a public document. It is viewable on the Clerk’s database and a filer may receive offers from individuals seeking to do business. This office does not provide names or addresses for these solicitations, but cannot prevent people from searching the Clerk’s D/B/A records and making their own lists.
Original D/B/A Filing
Prior to filing an original D/B/A, the filer should review business names already assigned to confirm that the desired name is available. This information is available for public viewing at the County Clerk’s Office.
Once it has been determined that the desired name is available, complete a Certificate Of Conducting Business Under An Assumed Name For Individual form for a Sole-Proprietorship or Certificate Of Conducting Business As Partners form for a Partnership. Carefully complete the form but DO NOT SIGN IT until in the presence of a Notary Public. The Clerk’s Office staff can witness your signature at no charge if you wish.
All forms must be originals. Copies are not acceptable. The forms must be presented to the clerk for filing accompanied by the filing fee. The fee is $35 in cash (or a money order payable to "Nassau County Clerk") and includes the filing and receipt of two certified copies for the filer’s records. Additional certified copies are available for $5 per copy. A certified copy is normally required by banks when opening a business account.
D/B/A forms can be mailed to the Clerk’s Office provided: there is no conflict in the name chosen; the forms have been duly notarized; and a $35 cashier’s check or money order made payable to the Nassau County Clerk is enclosed.
Tax Identification Number Information
To obtain a Federal Tax ID number, contact:
Internal Revenue Service
107 Charles Lindbergh Blvd.
Garden City, New York 11530
Telephone: (516) 447-4955
For information regarding New York State Department of Taxation and Finance Resale Certificates, contact:
New York State Department of Resale
Nassau District Office
400 Oak Street
Garden City, New York 11530
Incorporation And Partnership D/B/A'S
This office also records two other business related documents filed with New York State: certificates of incorporation and limited partnership filings. These forms can be obtained from legal stationery or office supply stores.
Certificates of incorporation, amendment and discontinuance are processed through the New York State Department of State. The State provides corporation records to the County Clerk's Office.
Limited partnership agreements, amendments and dissolutions have been filed with the New York State Department of State since August 1991. However, the County Clerk's Office maintains the corporation and limited partnership papers that have been filed here. The Clerk's Office accepts certificates of discontinuance for limited partnerships filed here unless there were subsequent filings with the Department of State.
Corporations, Limited Partnerships, Limited Liability Companies (LLCs) or Limited Liability Partnerships (LLPs) must be filed with the Department of State, Division of Corporations. Call (518) 473-2492 for more information. These papers cannot be filed at the County Clerk’s Office.
For information regarding incorporations, LLC and LLP’S and not-for profit corporations, contact:
NYS Department of State
Division of Corporations
41 State Street
Albany, New York 12231
www.dos.state.ny.us/corp/corpwww.html
You may also wish to consult an attorney.
Business Resources To Get You Started
Small Business Development Center
SUNY College of Technology at Farmingdale
Campus Commons
Farmingdale, NY 11735
Telephone: (631) 420-2765, (631) 370-8888
Fax: (631) 370-8895
SCORE (Service Corps of Retired Executives)
35 Pinelawn Road, Room 207W
Melville, NY 11747
Telephone: (631) 454-0771
E-Mail: LIscore@gmail.com
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