Very often I receive a call from a client where they ask me whether they should form a DBA or a Corporation (or an LLC).

“DBA” stands for “doing business as”, and in New York it’s also referred to as a “Certificate of Assumed Name”.

The legal name of your business is the name you file or register your corporation or LLC under.  Your DBA is your marketing or branding name.  So as a simple example, New York Sports Club is an assumed name. Their legal entity name is Town Sports International, LLC.

The important thing for new business owners to understand is that there is no protection just from getting a DBA. If I Jeff Davis file a DBA for my company Red Umbrella Company, that doesn’t protect me. If someone sues Red Umbrella Company, they’re suing me personally. My personal assets are subject to exposure and risk.

A DBA is not a type of entity.  You can get a tax ID for your DBA but it will not give you any legal protection whatsoever.

If you want to protect your personal assets you need to incorporate your business i.e. form a corporation or an LLC.

Here is the form you file to obtain your Certificate of Assumed Name (DBA): Certificate of Assumed Name Blank

Here is a credit card authorization form: 1515-f cc authorization blank

Fill these both out and fax it to: (516) 474 1418.