NY State Senate Bill 2025-S6890

Senate Bill S6890

2025-2026 Legislative Session

Relates to the execution of certificates by persons conducting business under assumed names or as partners

download bill text pdf

Current Bill Status - In Senate Committee Consumer Protection Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 26, 2025	referred to consumer protection

2025-S6890 (ACTIVE) - Details

See Assembly Version of this Bill:: A990
Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Amd §130, Gen Bus L
Versions Introduced in 2023-2024 Legislative Session:: A10664

2025-S6890 (ACTIVE) - Summary

Removes the requirement that each certificate be duly acknowledged by the person or persons conducting business.

2025-S6890 (ACTIVE) - Sponsor Memo

                                 
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.

2025-S6890 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6890
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              March 26, 2025
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Consumer Protection
 
 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:
 
   Section 1. Paragraph (a) of subdivision 1 of section 130 of the gener-
 al  business  law,  as  amended  by  chapter 470 of the laws of 1997, is
 amended to read as follows:
   (a) Such person, if other than a corporation, limited  partnership  or
 limited liability company, shall file in the office of the clerk of each
 county  in  which such business is conducted or transacted a certificate
 setting forth the name or designation under which and the address within
 the county at which such business is conducted or transacted,  the  full
 name  or  names  of  the person or persons conducting or transacting the
 same, including the names of all partners, with the residence address of
 each such person, and the age of any person less than eighteen years  of
 age.  Each  certificate shall be executed [and duly acknowledged] by the
 person or, if there be more than one, by all of the  persons  conducting
 the business.
   § 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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