Starting Your Own Business?
Build a Team of Advisors to Help You
Attorney
Review and prepare legal documents, help determine the most effective business structure, and provide general legal advice.
Certified Public Accountant (CPA)
Advise on tax strategies and proper financial record-keeping.
Commercial Insurance Agent or Broker
Assist with liability coverage and other insurance policies your business may require.
SCORE is a nonprofit association dedicated to helping small businesses grow and achieve their goals through education and mentorship. They provide mentors, counseling, and workshops at no charge or very low cost through their association with the U.S. Small Business Administration (SBA) and the use of volunteers.
In Genesee County, SCORE can be reached at (585) 344-2042 or by visiting www.score.org.
Decide Legal Structure and File Necessary Paperwork
In accordance with New York State General Business Law (Section 130), the County Clerk accepts and files certificates for individuals and partnerships conducting business under an assumed business name. These transactions are commonly referred to as DBA (Doing Business As) filings.
Sole Proprietorship / DBA
A sole proprietorship is an unincorporated business with one owner. It is the owner's responsibility to review the “Index to Assumed Business Names” to ensure the desired name is available. This list is available for public viewing at the information counter of the Genesee County Clerk’s Office.
Once the filer confirms the name is available, a DBA certificate for a sole proprietorship must be completed. All certificates must be original documents; copies are not accepted.
Partnership / DBA
A partnership is an unincorporated business with two or more owners. The filer must review the “Index to Assumed Business Names” to ensure the desired name is available. This list is available for public viewing at the information counter of the Genesee County Clerk’s Office.
Once confirmed, a DBA form for a partnership must be completed and signed by all partners. All forms must be original documents. It is advisable to consult with an attorney when forming a partnership.
Completed certificates with notarized signatures should be filed with the County Clerk’s Office. If you have questions about completing the form, Clerk’s Office staff may assist you.
County Clerk staff may notarize completed forms when proper identification is presented. Proper identification is defined as a photo ID bearing the filer’s likeness and signature. Examples include:
- Valid driver’s license
- Valid non-driver photo ID
- Valid passport
The filing fee is $30.00, which includes the filing and one certified copy for proof of filing. Banks typically require a certified copy when opening business accounts.
DBA forms may also be mailed to the County Clerk’s Office if:
- The chosen business name has no conflict
- The forms have been notarized
- A $30.00 check or money order payable to the Genesee County Clerk is enclosed
Note: The law requires that DBA certificates contain specific language. Forms may be purchased at the Genesee County Clerk’s Office for $1.00 per form. Forms may also be available at legal stationery or business supply stores. Filers may also consult with an attorney to prepare appropriate documents.
Corporations and Limited Liability Companies (LLCs)
Corporations and LLCs are formed through the New York State Department of State, not with the County Clerk. If a corporation or LLC intends to do business under a name different from the name listed on the formation documents, a “Certificate of Assumed Name” must be filed with the Secretary of State in Albany.
For more information, contact the New York State Department of State at (518) 473-2492. It is recommended that a lawyer prepare and file these documents.
Important Contacts
- Small Business Development Center (SBDC)
GCCC – Batavia
585-395-8410
Free start-up counseling including financing options, business planning assistance, and marketing advice.
- NYS Department of Taxation
800-462-8100
Obtain a Sales Tax Kit and Sales Tax ID.
- NYS Business Permit Assistance Program
518-474-8275
Helps prospective business owners determine the permits and licenses needed to operate a business in New York State.
Website: www.opal.ny.gov
- City or Town Hall
585-345-6300
Obtain information regarding local permits and licenses. If operating a home-based business, confirm compliance with local zoning ordinances.
- Internal Revenue Service (IRS)
800-829-1040
Obtain information regarding federal taxes and Employer Identification Numbers (EIN).
- NYS Department of Labor
585-258-4510
Learn about obligations related to New York State unemployment insurance when hiring employees.
- NYS Department of Taxation & Finance
800-462-8100
Information regarding state withholding forms and FICA requirements.
- NYS Workers’ Compensation and Disability Insurance
585-325-7242
New York State law requires workers’ compensation and disability coverage for employees.
- NYS Corporation Filings
518-473-2492
Corporation formation documents are filed with the NYS Department of State. Religious corporations may be filed with the Genesee County Clerk’s Office.
- Bank
Consider opening a separate business checking account. Banks usually require a certified DBA certificate or incorporation documents along with a Tax ID number.
- Telephone Services
Arrange for a dedicated business telephone line. This may allow listing in business directories and helps maintain separation between personal and business communications.