Section
130 of the General Business Law requires every person who
conducts business in Columbia County, under an assumed name,
to execute and file a Business Certificate in the Columbia
County Clerk’s Office at 560 Warren Street, Hudson
NY 12534. Failure to file is a misdemeanor (Sec. 130 (9)).
The forms
may be obtained at a stationery store that sells legal forms.
The County Clerk’s Office does not supply these forms.
The certificate must contain:
•The
name under which business is conducted, as well as the address
of the business. A post office box is not sufficient.
•The full name, residence and signature
of each person conducting the business. A post office box is not sufficient.
•The age of any signer who is less than
(18) years old.
•A notary acknowledgment for each signature.
•The filing fee is $25.00 for the Business
Certificate and $5.00 for each certified copy.
YOU may
determine information if a business name is already on file,
by examining the index records in the County Clerk’s
Office.
The following
may not be added to your business name:
• Corporation
•Incorporated (These are filed
with the Department of State in Albany)
• Limited
When a
sole proprietor owns a business you may not add the following
into your business name:
• Company
• Brothers
• Associates (These names indicate more
than one owner to the business)
• Distributors
• And Sons
If you
are planning to have a checking account in the business name,
the bank usually requires a certified copy of your certificate.
Also, the law provides that a certified copy of the original
(or last amended certificate) be conspicuously displayed
at the place of business. Our fee for certified copies is
$5.00 each.
AMENDED CERTIFICATES
must be filed within
(30) days after there is a change. It must refer to
the date when the original was filed, give that file
number, and set forth the corrections or changes. If
the partnership is changing, the old and new partners,
as well as one or more of the remaining parties listed
on the original or last amended certificate must sign
the certificate. For any other amendments, such as
a change of business name or address, one or more of
the parties listed on the original or last amended
certificate must sign. There is a $25.00 filing fee
for this certificate.
A DISCONTINUANCE OF BUSINESS
must
be executed and acknowledged by a majority of the persons
listed on the original certificate of last amendment.
It must also refer to the dates when the original and
last amended certificates were filed and give the filing
number of the original. It must also give the date
the business was discontinued or, if it has not been
discontinued, the reason why the Certificate of Discontinuance
is filed. There is no filing fee for this form.
