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New York Partnership Law Section 80 - When Partnership Or Business Name May Be Continued.

Legal Research Home > New York Lawyer > Partnership > New York Partnership Law Section 80 - When Partnership Or Business Name May Be Continued.

    § 80. When partnership or business name may be continued.  The use of
  a partnership or a business name may  be  continued  in  either  of  the
  following cases:
    1. Where the business of any firm or partnership in this state, having
  business  relations  with  foreign  countries  or  which  has transacted
  business in this state or in any other state or territory of the  United
  States  continues  to be conducted by some or any of the partners, their
  or any of their assignees, appointees or successors in interest.
    2. Where any partnership shall hereafter be formed under the  laws  of
  this  state  it  may  use  the  firm or corporate name of any general or
  limited partnership or of any corporation, domestic  or  foreign,  which
  may  theretofore  have  carried on its business within this state, where
  said general or limited partnership or corporation has  discontinued  or
  shall be about to discontinue its business within the state, and where a
  majority  of  the  partners,  general or special, in either of such last
  mentioned copartnerships or of the survivors thereof shall be members of
  the new copartnership, or where  a  majority  of  the  members  of  such
  copartnership  theretofore existing or of the surviving members thereof,
  or  where  stockholders  holding  a  majority  of  the  stock  of   such
  corporation  shall  consent  in  writing  to  the  use  of  such firm or
  corporate name by such new copartnership; or
    3. Where any resident of this state dies, who at the time of his death
  and for at least five years immediately  prior  thereto,  conducted  and
  carried  on  in his sole name, any business in this state, or who at the
  time of his death, so conducted  and  carried  on  any  business  having
  relation  with  other  states or foreign countries, the right to use the
  name of such person, for the purpose of continuing and carrying on  such
  business, shall survive and pass and be disposed of and accounted for as
  a part of the personal estate of such deceased person, and such business
  may  be continued and carried on under such name by any person who comes
  into the legal possession thereof.

Last modified: August 9, 2006