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Kimberlee LeonardSmall Business Expert Writer

Kimberlee Leonard has 22 years of experience as a freelance writer. Her work has been featured on US News and World Report, Business.com and Fit Small Business. She brings practical experience as a business owner and insurance agent to her role as a small business writer.

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Kelly Main

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Kelly MainStaff Reviewer

Kelly Main is a Marketing Editor and Writer specializing in digital marketing, online advertising and web design and development. Before joining the team, she was a Content Producer at Fit Small Business where she served as an editor and strategist covering small business marketing content. She is a former Google Tech Entrepreneur and she holds an MSc in International Marketing from Edinburgh Napier University. Additionally, she is a Columnist at Inc. Magazine.

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Brette Sember is a retired attorney who has been writing and editing law and legal topics for more than 25 years. She is the author of more than 40 books, is a nationally recognized expert on divorce and family law and has a depth of experience that include estates, probate, finance, business, bankruptcy and more. Her website is www.BretteSember.com.

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Brette Sember, J.D.contributor

Brette Sember is a retired attorney who has been writing and editing law and legal topics for more than 25 years. She is the author of more than 40 books, is a nationally recognized expert on divorce and family law and has a depth of experience that include estates, probate, finance, business, bankruptcy and more. Her website is www.BretteSember.com.

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Table of Contents

  • What Is a Business Entity?
  • Search by Name
  • Search by ID
  • Search by Assumed Name or Assumed Name ID
  • Frequently Asked Questions (FAQs)

Show more

Business entities in the state of New York are formed and filed with the New York Department of State. When opening a new business, it’s important to make sure you can legally use the name you have chosen for your business. One of the first things you’ll do to ensure this is to search for the company name.

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What Is a Business Entity?

A business entity is a legally formed company with the right to operate a business in its registered state. The most common types of business entities are corporations and limited liability companies (LLCs).

Starting a Business in New York

When you start a new business in New York, you will register with the state through the Business Express portal. This portal allows you to name your company, register the entity and list the officers and registered agent. It costs $200 to file an LLC with the Business Express portal.

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Forming an LLC in New York

Forming an LLC in the state of New York is a simple process. You’ll need to name a registered agent who can receive legal documents, including taxes and state notices. The registered agent could be the same as the named officer of the company but could also be a hired third party who has the sole obligation to receive documents and forward them to the appropriate person.

Search by Name

One of the first things you’ll do when starting a business is make sure that the name you want to use doesn’t infringe on another legally filed name in the state. This is done by conducting a Business Entity search with the Department of State’s Division of Corporations. The department has a Business Entity Database available to the public for inquiries.

Enter the business entity name. Select whether you want to search for the base word or a name that contains certain words. Choose whether you want to search all entities’ statuses, those that are active, those that are inactive or those that are suspended. Then select the types of business entities you want to search. The site will show you if a business has already been registered with that name.

For example, the search for “John’s Pizza” yields five results when all business entities and all statuses are selected. Remember that you can’t use another company’s name and could get into trademark infringement issues if you do. If your search yields the name you wanted to use, modify the name to make it different.

Search by ID

You can also search by a Department of State (DOS) ID number assigned to a business if you know the number but not their name. Follow the same procedure as above, but select “Search by DOS ID.”

Search by Assumed Name or Assumed Name ID

The site allows you to also search for assumed names. These are DBA (doing business as) names. When a company or person operates a business under a name other than their legal name, they must file a DBA. This allows you to search to see if anyone is doing business under a name you are interested in, or allows you to locate the assumed name associated with an ID number.

Bottom Line

Starting a new business can be exciting, but don’t get lost in the excitement and forget to check the name status that you want to use. You must use an original name that is not in use by another company. If someone else has the rights to that name, they could send a cease and desist letter when you start operations. For more information, learn everything you need to know about how to start a business.

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Frequently Asked Questions (FAQs)

How do I find out who owns a business in NYC?

When you conduct a business name search on the New York Business Entity Database, the results will list the name of the CEO or principal. It will also list the name and address of the registered agent on file so that legal documents can be served.

How do I find out if a business is legitimate in New York?

You can search the business entity’s name on the Division of Corporations website to see if the company is legally registered in the state. You can also check for licensing with the New York State Department of State Consumer Protection Division.

What is a DBA?

A DBA stands for doing business as. When a person or company operates a business using a name other than their legal name, they must file a DBA so there is a record of who owns the business. Learn more about what is a DBA.

How do I set up an LLC in New York?

Domestic entities pay $200 and file articles of organization and foreign entities pay $250 and submit an Application of Authority to the Department of State. You can submit your documents by mail or online.

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FAQs

What happens if you don't file a biennial statement in NY? ›

NY Biennial Statement FAQs

If you don't, your business's status will be changed to “past due.” It's not a good look. Past due businesses have trouble doing pretty much anything—getting permits or licenses, expanding into other states, and maintaining the trust of customers who look up your business record online.

How to check if a company is legally registered in New York? ›

How do I find out if a business is legitimate in New York? You can search the business entity's name on the Division of Corporations website to see if the company is legally registered in the state.

How to find out who owns an LLC in New York? ›

To determine who owns a business in the state of New York, you'll need to refer to the Department of State website and conduct a name search. The search results will display a few details, including the business owner's name.

How to check if a business name is available for free in NYS? ›

To determine whether the name you want to use is available, visit the New York Department of State's Corporation and Business Entity Database and conduct a search. If the name you want to use (or something very similar) is already registered as a business in the state, you will need to come up with a new name.

How much does it cost to file a biennial statement in NY? ›

How to File. Most business corporations and limited liability companies (LLCs) may file their Biennial Statement online using the Department of State's e-Statement Filing Service and pay the $9 filing fee using a credit card or debit card. MasterCard, Visa and American Express are acceptable forms of payment.

What happens if I forget to file annual report? ›

If you forget to file your annual report, you'll receive a warning letter from the Secretary of State. If you still don't file, the next step is administrative dissolution. This means that your LLC is no longer recognized as a legal entity, and you lose the protections that come with being an LLC.

Do I need a registered agent for my LLC in New York? ›

New York's requirements include: Registered agent. Listing the name and address of a registered agent is optional in New York. LLCs must, however, include the address to which legal documents, such as Service of Process, should be sent.

How to dissolve an LLC in NY? ›

How to Dissolve an LLC in New York in 7 Steps
  1. Review Your LLC's Operating Agreement. ...
  2. Vote to Dissolve an LLC. ...
  3. File Articles of Dissolution. ...
  4. Notify Tax Agencies and Pay Remaining Taxes. ...
  5. Inform Creditors and Settle Existing Debt. ...
  6. Wind Up Other Business Affairs. ...
  7. Distribute Remaining Assets.
Oct 21, 2023

How do you show ownership in an LLC? ›

However, California law requires that the members of a newly formed California LLC file a Statement of Information with the California Secretary of State within 90 days of the date the LLC was formed. If you or your friend filed this document it would be evidence that you are a member of the LLC.

How to verify a New York LLC? ›

You may search the New York Department of State's Corporation and Business Entity Database to obtain information on corporations, limited liability companies, limited partnerships, and limited liability partnerships.

How do I find the owner of a business for free? ›

8 methods for how to find out who owns a business
  1. Check the company website. ...
  2. Check a WHOIS domain lookup. ...
  3. Submit a public information request. ...
  4. Consult alternative public records. ...
  5. Check with the Chamber of Commerce. ...
  6. Read Better Business Bureau (BBB) reports. ...
  7. Look up news mentions. ...
  8. Search state secretary of state databases.

How do I find out if a business name already exists? ›

How to do a business name search in California:
  1. Visit the California Business Search.
  2. Scroll down and enter all or part of your business name in the Search bar.
  3. Click the down arrow for Advanced Search.
  4. Filter by keyword, exact match, or “begins with.”
  5. Click “Search.”

What happens if a statement of Information is not filed? ›

Failure to file the required Statement of Information with the Secretary of State as outlined in statute may result in penalties being assessed by the Franchise Tax Board and suspension or forfeiture.

What happens if you ignore New York's LLC publication requirement? ›

As a business, if you fail to publish the newspaper ads and file the publication within the stipulated time, which is 120 days after the LLC formation, the LLC's ability to conduct or transact with any business in New York will be suspended.

Do you have to file an annual report in New York? ›

New York Annual Report Information. Businesses and nonprofits are required to file annual reports to stay in good standing with the secretary of state.

What is the purpose of a biennial report? ›

Purpose of the Biennial Report

The federal and state hazardous waste regulations require certain federally-regulated (RCRA) hazardous waste generators, as well as, facilities that treat, store, or dispose of RCRA hazardous waste, to report their hazardous waste activities biennially in odd-numbered calendar years.

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