FREQUENTLY ASKED QUESTIONS

I am thinking of starting a business. Where can I find start-up help?
There are many organizations that assist first time business owners. Consult one of the organizations listed on our Business Resources page, such as Delaware County Economic Development, Delaware County Chamber of Commerce, SCORE, or the Small Business Development Center.

Where can I get the necessary forms?
If you are a sole proprietorship or partnership and filing a Business Certificate, also known as “Doing Business Certificate” or “Assumed Name Certificate”, go to the County Clerk’s office or the Delaware County Chamber of Commerce. If you are forming a corporation, limited partnership or limited liability company, go to www.dos.state.ny.us and visit the “Corporations” section.

What may I name my company?
Generally, you may call your business any name that you choose. However, some restrictions apply to the name that you may legally give your business. For example, you may not add the suffix “Inc.” or “Incorporated” to a business that is not a corporation, and you will be required to use a particular suffix in the name of a business that is formed pursuant to New York law, i.e., Smith Jones LLC. You may not generally use a name that would be misleading, i.e., United States Insurance Offerings, and if your business requires approval of a state agency, you may be required to include the type of business in your name, i.e., Best Buy Insurance Agency.

Where can I file my Business Certificate?
All sole proprietorship and partnership certificates must be filed in the county where the entity intends to conduct business. In Delaware County, you will file your Business Certificate at the Delaware County Clerk’s Office,
3 Courthouse Square, Delhi, NY 13753.

May I mail in the Business Certificate?
Yes, however a search should be made of the records at the Clerk’s Office to ensure that you are not using a name already registered. It is the responsibility of the filer to avoid a conflict by choosing a name not already in use. You may search public records of business names at the Clerk’s Office.

The Business Certificate must be filled out correctly, notarized and forwarded with a check or money order in the amount of $25, plus $5 for each certified copy to: Delaware County Clerk’s Office, 3 Courthouse Square, Delhi, NY 13753. Include a self-addressed and postage paid return envelope for each filing requested.

How much does filing a business certificate cost?
There is a charge of $25 to file your business certificate. Certified copies are available for $5 each. You typically need three copies: the original for the County Clerk, one for your bank to open a commercial account, and one for your records.

May I have my business certificate notarized at the Clerk Office?
Yes! Blank forms are available at the Clerk’s Office and a Notary at the Clerk’s Office can witness your signature at no charge. Please note that the clerks in the office are neither authorized to give legal advice nor correct the information in your certificate.

If I decide, instead, to form a corporation or other business entity, where will I obtain and file the appropriate forms?
Corporations, limited liability partnerships, and limited liability companies are created by filing either a Certificate of Corporation, Certificate of Limited Partnership, Articles of Organization, or other certificate of authority with the New York State Department of State, Division of Corporation, and not with the County Clerk. Forms and information are available at www.dos.ny.gov/corps/index.html.

Where can I obtain licenses and permits?
Information regarding necessary licenses or permits may be found at the NYS Office for Technology, Business Permit Assistance Office at licensecenter.ny.gov/business-licenses. You may be required to obtain specific certification or authorization from the New York Division of Licensing Services. For additional information, visit www.dos.ny.gov/licensing/.

Note that if you plan to operate a business from your home, check to ensure you are not in violation of local zoning ordinances.