We want to start up a general partnership under a DBA but one partner cannot be present at the time of filing. What can we do?

Asked almost 4 years ago - New York

Two of us are trying to start up a general partnership. In order to file the Assumed Name Certificate in Queens County, NY, we must sign this document & have it notarized at the time of filing in the County Clerk office. At the same time, my friend has just started his new job a few days ago (different non-competing field) & is in no position to be requesting time off to go sign the Assumed Name certificate for Partners in person & is otherwise unable to make it to the County Clerk office during its open hours. I do not want to file a sole proprietorship instead since financial & responsibility wise it is a partnership. What alternatives can we consider? Is it possible for me to obtain power of attorney for him regarding this and proceed with filing for a partnership, with me as a partner?

Attorney answers (1)

  1. Steven J. Fromm

    Contributor Level 20

    Answered . You need to discuss these procedural issues with a corporate attorney in NY. My concern is why you are forming a partnership in the first place. You have unlimited liability for any actions taken by your partner. So you are risking your personal wealth for a new venture?
    Why not form an LLC that gives you financial protection but still allows you to act as a partnership. Meet with a good corporate attorney in NY before you do anything. You will be glad you did so.

    Hope this helps. If you think this post was helpful, please check the thumbs up (helpful) tab below. Thanks.
    LEGAL DISCLAIMER
    Mr. Fromm is licensed to practice law in PA with offices in Philadelphia and Montgomery Counties in the state of Pennsylvania. He phone number is 215-735-2336 and his email address is listed below.
    Mr. Fromm is ethically required to state that the response herein is not legal advice and does not create an attorney/ client relationship. Also, there are no recognized legal specialties under Pennsylvania law. Any references to a trust, estate or tax lawyer refer only to the fact that Mr. Fromm limits his practice to these areas of the law. These responses are only in the form of legal education and are intended to only provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that if known could significantly change the reply or make such reply unsuitable. Mr. Fromm strongly advises the questioner to confer with an attorney in their state in order to ensure proper advice is received.
    By using this site you understand and agree that there is no attorney client relationship or confidentiality between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed attorney that practices in the subject area in your jurisdiction, who is familiar with your specific facts and all of the circumstances and with whom you have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question or omitted from the question.
    Circular 230 Disclaimer - Any information in this comment may not be used to eliminate or reduce penalties by the IRS or any other governmental agency.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

30,202 answers this week

3,292 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

30,202 answers this week

3,292 attorneys answering