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Sole Proprietor to llc

Asked by: Samanthat  — 5 September, 2012

I live in NY. I was/am a sole proprietor with a DBA. I decided to create an LLC. But, my DBA was created before I formed the LLC. I used a completely different name for my LLC. Now, I want to use my DBA for my business. I really like my DBA, can I change my business certificate to doing business as my LLC, instead my real name?

Answered by: admin  — 5 September, 2012

Dear Samanthat,

The DBA you held as a sole proprietor was filed with your county clerk. Now, since you formed your LLC with NY Secretary of State thats who you will file the DBA for LLC with.

You cannot transfer DBA from Sole Proprietor in NY – what you need to do is cancel the one you have with your county clerk (call them to ask what the procedure is) and then register the same name with Secretary of State under your LLC (I think you can do it even without canceling your old DBA, since counties and Secretary of State don’t seem to share databases in NY, but I am not sure how legal that would be).

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