Workers' Compensation Board Notice Of Election Of A Partnership Page 2
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1
2SECTION 54, SUBDIVISION 8 OF THE
NEW YORK WORKERS' COMPENSATION LAW
Section 54, Subd. 8
"A self-employed person or a partner of a partnership as defined in section ten of the partnership law but
not including a limited partner, having other persons who are employees required to be covered under this
chapter may be included in the compensation insurance contract or covered under a certificate of
self-insurance. Such election shall be made by any such partnership or sole proprietorship filing with the
insurance carrier or the chairman in the case of self-insurance upon a form prescribed by the chairman of
the workers' compensation board, a notice that the partnership or sole proprietorship elects to include the
partner or partners or the self-employed person named in the notice in the coverage of this chapter. Such
election shall be effective with respect to all policies issued to such partnership or sole proprietorship by
such insuance carrier as long as it shall continuously insure the employees of the partnership or sole
proprietorship. Such election shall be final and binding upon the partner or self-employed person named in
the notice untill revoked by the partnership or sole proprietorship. A self-employed person or a partner of a
partnership having no other persons who are employees required to be covered under this chapter shall be
deemed to be excluded from coverage under this chapter unless he elects to be covered. Such coverage
may be effected by obtaining an insurance policy.
The self-employed persons or partners of a partnership brought within the coverage of the insurance
contract, and the dependents of any such self-employed persons or partners of a partnership shall have
the same rights and remedies as any employee or his dependents and shall be entitled to compensation
and medical care as provided by this chapter, and the insurance carrier shall be liable therefor and for
payments into the special funds provided in this chapter as in the case of an employee."
SECTION 10 OF THE NEW YORK PARTNERSHIP LAW
Section 10. Partnership Defined
"1. A partnership is an association of two or more persons to carry on as co-owners a business for
profit.
2. But any association formed under any other statute of this state, or any statute adopted by
authority, other than the authority of this state, is not a partnership under this chapter, unless
such association would have been a partnership in this state prior to the adoption of this
chapter; but this chapter shall apply to limited partnerships except in so far as the statutes
relating to such partnership are inconsistent herewith."
C-105.32 (4-04) Reverse
U-627 Reverse
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