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A00990 Summary:

BILL NOA00990
 
SAME ASNo Same As
 
SPONSORMagnarelli
 
COSPNSR
 
MLTSPNSR
 
Amd §130, Gen Bus L
 
Removes the requirement that each certificate be duly acknowledged by the person or persons conducting business.
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A00990 Actions:

BILL NOA00990
 
01/08/2025referred to economic development
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A00990 Memo:

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.
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A00990 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           990
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 8, 2025
                                       ___________
 
        Introduced  by  M.  of  A.  MAGNARELLI  -- read once and referred to the
          Committee on Economic Development
 
        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

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. Paragraph (a) of subdivision 1 of section 130 of the gener-
     2  al  business  law,  as  amended  by  chapter 470 of the laws of 1997, is
     3  amended to read as follows:
     4    (a) Such person, if other than a corporation, limited  partnership  or
     5  limited liability company, shall file in the office of the clerk of each
     6  county  in  which such business is conducted or transacted a certificate
     7  setting forth the name or designation under which and the address within
     8  the county at which such business is conducted or transacted,  the  full
     9  name  or  names  of  the person or persons conducting or transacting the
    10  same, including the names of all partners, with the residence address of
    11  each such person, and the age of any person less than eighteen years  of
    12  age.  Each  certificate shall be executed [and duly acknowledged] by the
    13  person or, if there be more than one, by all of the  persons  conducting
    14  the business.
    15    § 2. This act shall take effect immediately.
 
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01313-01-5
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