NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A990
SPONSOR: Magnarelli TITLE OF BILL:
An act to amend the general business law, in relation to the execution
of certificates by persons conducting business under assumed names or as
partners
PURPOSE:
To repeal the requirement that "doing business as" (D/B/A) filings for
sole proprietorships, partnership certificates and amendments must be
notarized.
SUMMARY OF PROVISIONS:
Section 1: Amends § 130(a) of the General Business Law to eliminate the
requirement that D/B/A filings for sole proprietorships, partnership
certificates and amendments must be notarized.
Section 2: Establishes the effective date.
JUSTIFICATION:
Under current law when a sole proprietorship or partnership files a
"doing business as" (D/B/A) with the NY Department of State, the form
must be notarized. Satisfying the notary requirement can be very burden-
some for entities with many partners. An example is a farming partner-
ship where the partners are spread out and their location is dependent
on the weather. It can make getting all the partners to sign the docu-
ment in front of a notary public extremely difficult.
Additionally, many other business filings currently do not need to be
notarized. Articles of incorporation for LLCs (with amendments) and
certificates of incorporation (with amendments) do not need notariza-
tion. It is only fair that the same courtesy be given to sole proprie-
torships and partnerships.
PRIOR LEGISLATIVE HISTORY:
2024: A.10664
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
Immediately.
