BILL NUMBER: S6890
SPONSOR: SKOUFIS
 
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 paragraph (a) of subdivision 1 of section 130 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: Sets effective date.
 
JUSTIFICATION:
Under current law, the form must be notarized when a sole proprietorship
or partnership files a "Doing Business As" (D/B/A) certificate with the
New York Department of State. This requirement can pose a significant
burden, particularly for partnerships with multiple partners. For exam-
ple, in the case of a farming partnership where partners are geograph-
ically dispersed, and their locations vary due to weather conditions,
coordinating in-person notarization can be exceptionally challenging.
Furthermore, many other business filings, such as Articles of Organiza-
tion for LLCs (including amendments) and Certificates of Incorporation
(including amendments), do not require notarization. To ensure consist-
ency and fairness in business regulations, sole proprietorships and
partnerships should be afforded the same flexibility.
 
LEGISLATIVE HISTORY:
Senate
New Bill.
Assembly
2024: A10664, Referred to Economic Development
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect immediately.