New York regulations

19 NYCRR 156.3

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Fictitious names

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Fictitious names

Compiled source label: current through Apr 15, 2022

Register checked through July 8, 2026/Vol. XLVIII, Issue 27 (2026-07-08) - no later Register activity found for this section

What LawEngine checked
Status
Source receipt
Compiled source current through
Apr 15, 2022
Register checked through
July 8, 2026/Vol. XLVIII, Issue 27 (2026-07-08)
Register activity status
no later Register activity found
Latest notice
DOS-48-20-00010-P
Latest notice date
Dec 2, 2020
LawEngine source snapshot
Jun 6, 2026
(a)Statement of fictitious name.

A fictitious name is the name an organization submits in its application for authority when its real name is not acceptable for authorization. Every foreign organization applying for authority to do business in this State or to engage in activities in this State, whose real name is not acceptable for authorization, shall include a statement in its application or amendment thereto: “The fictitious name under which the organization shall conduct its business or activities in New York is. . .”, or words to such effect.

(b)Filing an assumed name certificate.

A foreign organization authorized under a fictitious name may take an assumed name. In the certificate of assumed name, the organization shall set forth its real name and its fictitious name.

(c)Discontinuance of a fictitious name.

When a foreign organization authorized under a fictitious name files an instrument changing its real name to a name which is available in New York, it must discontinue the use of the fictitious name in New York State. The certificate of amendment must contain a statement: “The fictitious name of. . ., under which the organization has conducted its business or activities, is discontinued,” or similar words to that effect, combined with a statement deleting the appropriate paragraph or section from the original application for authority or original application as amended. The Department of State is not responsible to notify an authorized foreign organization using a fictitious name when or if its real name becomes available.

(d)Terms indicating form.
(1)A fictitious name of a corporation shall contain no indicator of organizational form (

e.g.,

corporation, limited, incorporated, or the respective abbreviation).

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