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A sole proprietorship is a type of business entity that legally has no separate existence from its owner. There is only one owner, and this person does business in his or her own name.
A sole proprietor must register to operate under a name other than his or her own name. To do so, sole proprietors must file a Certificate of Assumed Name, sometimes also called a “Doing Business As” Certificate, with the County Clerk in each county where he or she plans to do business. These filings can be made by business owners directly to the County Clerk's offices in the county or counties in which the business will operate. However, it is highly recommended that business owners consult an attorney, and in some cases an accountant, to learn about the full implications of various legal structures and related partnership agreements with regards to financial and legal liability, taxation, and planning for the possibility of sale or dissolution.
Please see the Additional Information links below for a summary of the laws pertaining to sole proprietorships, and the steps required to file and process the documents needed to operate your business under your “Doing Business As” name. For information about filing in a specific county, please contact the appropriate County Clerk's Office using the contact information available below.
1.
The business owner must decide upon the name under which he or she will do business.
2.
The business partners must identify to whom in the organization legal processes should be addresses. This will be used to verify the identity of the person filing the Certificate.
3.
A government issued photo ID, or other proof of identification for the individual filing the application.
4.
Acceptable proof of the sole proprietor’s home address is required. Acceptable forms of proof of home address include a driver's license or car registration , a voter registration card , a post-marked envelop addressed to the filer in their full name, a recent credit card statement with the filer’s name and current address, or a bank statement or passport with the filer’s full name and address.
1.
Review the filing instructions and related legal information for Sole Proprietorships detailed at the link above titled Sole Proprietorships: Description and Filing Steps.
2.
Locate the County Clerk's Office in each County in which the business will operate by visiting the Registering Your Business link listed above under Additional Information. Note that each borough in New York City is its own county and therefore has its own County Clerk.
3.
Complete and file a Certificate of Assumed name. The NYS Certificate of Assumed Name link, above, contains a form that can be used for this purpose, but is not required. The business owner or his or her attorney may draft original documents. Forms for sole proprietorships can be purchased at any legal stationery store in New York. Some legal stationery stores sell editable forms online.
4.
The person filing these forms will be required to present proof of home address and government issued identification as described in the Prerequisites, above.
This page gives general information
only. To start or run your business, you may need more information about City,
State and Federal laws. If you do not comply with all laws and rules you may
have to pay fines and you may lose your licenses or permits. This loss may be
temporary (suspension) or permanent (revocation). You may also be subject to
other penalties allowed by law.
This information is not legal advice.
You can only obtain legal advice from a lawyer. For more information or
help: • Contact the issuing agency, using the contact information above •
Visit 311
online • Call 311 (or 212-NEW-YORK if outside New York
City)
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