$35 in cash, money order or certified check made payable to Dutchess County Clerk for filing includes $25 filing fee & 2 certified copies, additional $5 per certified copy.Completed form must be signed in the presence of a Notary Public or Commissioner of Deeds. Prior to filing, check to see if business name is already on file in County's Records Room.If the business is to be incorporated (including the words corporation, incorporated or limited), it must be filed in Albany. The Certificate of Doing Business Under Assumed Name ("D/B/A") Form (.pdf) is used for a DBA by individuals. $25 in cash, money order or certified check made payable to Dutchess County Clerk for filing add an additional $5 per certified copyĬertificate of Doing Business Under Assumed Name ("D/B/A") (.pdf)Įvery person who conducts business in Dutchess County under an assumed name (such as John's Auto Parts) is required to file a Certificate of Doing Business Under Assumed Name form with the County Clerk's Office.Bring photo ID if signature is to be witnessed (at no charge) at County Clerk's Office.Completed form must be signed in the presence of a Notary Public or Commissioner of Deeds.Include the age of any signer who is under 18 years old.Full name, address and signature of the individual conducting business.Name and address of the business (a PO box is not sufficient).Prior to filing, check to see if business name is already on file in County's Records Room.The Business Certificate for Partners Form (.pdf) is to be used if the words brothers, associates, company, distributors, sons, daughters or any name which indicates more than one owner of the business are included in the business title. If the contribution made by a debtor exceeded the 15% of gross annual income, the transfer is not a fraudulent conveyance if it is consistent with the practices of the debtor in making charitable contributions, see 11 U.S.C.§548(a)(2).Every person who conducts business in Dutchess County under an assumed name (such as John's Auto Parts) is required to file a Certificate of Doing Business Under Assumed Name form with the County Clerk's Office. To file an action for fraudulent conveyance, the transfer must have been made or incurred within two years before the date of filing of the bankruptcy petition.Ī transfer of a charitable contribution to a qualified religious or charitable entity or organization is not considered a fraudulent conveyance if the amount of the contribution does not exceed 15% of the gross annual income of the debtor during the year in which the transfer of the contribution is made. The debtor must have intended or believed that they would incur debts that would be beyond their ability to pay as these debts matured or made this transfer to or for the benefit of an insider under an employment contract outside of the debtor’s ordinary course of business, see 11 U.S.C. § 544(b).Ĭonstructive fraudulent conveyance is generally a transaction for less than reasonably equivalent value made when the debtor was insolvent or became insolvent upon the transfer. The owner of real or personal property does so by either seeking to place land or goods beyond their creditors’ reaches, operating to prejudice their creditors’ legal or equitable rights, or operating to prejudice the legal or equitable rights of third parties - 11 U.S.C. This occurs when a debtor seeks to take advantage of their creditor by structuring a transaction with the intent to hinder, delay, or defraud their creditor, see 11 U.S.C. In such a case, the creditor may bring a lawsuit to void the transfer. A fraudulent conveyance is the transfer ( conveyance) of title to real property for the express purpose of putting it beyond the reach of a known creditor.
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