Legal Question in Business Law in New York

A former colleague and I are trying to start up a general partnership. However, in order to file the Assumed Name Certificate in Queens County, NY, we are to sign this document and have it notarized at the time of filing in the County Clerk office. At the same time, my colleague has just started his new job a few days ago (in a completely different non-competing field) and is in no position to be requesting time off to sign the Assumed Name certificate for Partners in person and is otherwise unable to make it to the County Clerk office during its office hours. We do not want to take the step of having only my filing a sole proprietorship instead since financial and responsibility wise it is a partnership. What alternatives can we consider? Is it possible for me to obtain power of attorney regarding this and proceed with filing for a partnership? Thank you for your time!


Asked on 10/12/10, 6:36 pm

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

I think you are confused. You and your partner do not have to sign the certificate before the clerk. The certificate must be signed before a notary public and then presented to the clerk. Your partner does not have to be present since the document was already notarized.

Mike.

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Answered on 10/18/10, 8:27 am


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