NYCL AGO 95-45.

• Case Date: September 20, 1995
• Court: New York

New York Attorney General Opinions 1995. AGO 95-45. September 20, 1995Informal Opinion No. 95-45Owen B. Walsh, Esq. County Attorney County of Nassau Nassau County Executive Bldg. One West Street Mineola, NY 11501-4820CPLR § 8 017; GENERAL BUSINESS LAW § 130. The county clerk may accept for filing a certificate that indicates a person is doing business under an assumed name that appears to be the name of a person, when the certificate describes the secondary, historic or geographic meaning or connotation of the assumed name. The clerk may not require that such a certificate be filed in other counties before it is accepted for filing in the clerk's county. The exemption set forth in CPLR § 8017 applies only to the county served by the clerk with whom papers are to be filed.The county clerk may correct an obvious clerical error and remove erroneously recorded documents from the record, taking whatever steps are deemed necessary to avoid confusion as a result of the removal.Dear Mr. Walsh: You have asked several questions regarding various documents to be filed with the county clerk. First, you ask whether, pursuant to General Business Law § 130, the clerk may accept for filing a business certificate that indicates an individual is doing business under an assumed name which appears to be the name of a person. The certificate describes the "secondary, historic or geographic meaning or connotation" of the name as having been developed in the course of the individual's use of the assumed name as a trade name in show business and advertising over a period of 20 years. You have attached a copy of the proposed certificate to your request. We conclude that the clerk may accept such a certificate for filing. General Business Law § 130 governs the filing of assumed name certificates by persons who conduct business under names other than their real names. It provides in relevant part:

1. No person shall hereafter (i) carry on or conduct or transact business in this state under any name or designation other than his or its real name . . . unless:

(a) Such person, if other than a corporation or limited partnership, 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

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