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.
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