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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?

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?

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Attorney answers 1


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.

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