Date of Notice: ____
We have submitted to the New York State Department of Law, Real Estate Finance Bureau, an offering plan for the conversion of [insert address and name of building, if any] to a cooperative. The law requires us to disclose all material information concerning the building and the conversion process in an offering plan. A copy of the offering plan is enclosed for you to retain. Additional copies of the offering plan are available for inspection and copying at the office of sponsor (or sponsor's selling agent) located at [insert name and address of sponsor or sponsor's selling agent] and the Department of Law. The Attorney General strongly urges you to read this offering plancarefully and to consult with an attorney to advise you as to the meaning and consequences of this plan.
We have submitted the offering plan to the Department of Law under section 352-e of the General Business Law. That law requires that the Department of Law, within not less than 120 days or more than 180 days from the date of submission of the offering plan, must either file the offering plan or indicate how the offering plan is deficient. You may send written comments to the Department of Law, Real Estate Finance Bureau, 28 Liberty Street, New York, NY 10005. You may also send your written comments to the sponsor (or sponsor's selling agent). No apartments may be sold or offered for sale, no subscription agreements may be executed, and no down payments may be accepted unless and until the Department of Law files the offering plan and a copy of the final plan is served on each tenant.
Service shall be complete upon completion of personal delivery on all offerees or three days after mailing to all offerees not personally served.
sponsor shall establish by proof satisfactory to the Department of Law that there were no excessive long-term vacancies if G.B.L. section 352-eee(2)(h) or 352-eeee(3)(a) is applicable, and that each offeree was served with a copy of the offering plan and with the notice required by subdivision (e) of this section or section 17.3(b) of this Part, whichever is applicable.
I/We am/are the attorney(s) who prepared the cooperative offering plan for the captioned property. Enclosed for filing pursuant to 13 NYCRR Part 17 are copies of the offering plan together with two copies of the exhibits (including filing fees).
I/We am/are fully familiar with the provisions of article 23-A of the General Business Law and the regulations promulgated by the Attorney General in 13 NYCRR Part 17.
I/We prepared the attached offering plan and exhibits based on information from the sponsor. I/We have read all the printed copy submitted to the Department of Law but expressly disclaim any responsibility to have made an independent inspection of the property or investigation of the information furnished to me/us by sponsor.
I/We have no actual knowledge of a violation of article 23-A of the General Business Law or 13 NYCRR Part 17 promulgated by the Department of Law, nor do I/we know of any material fact omitted or any untrue statement of a material fact included in the offering plan.
We are the sponsor and the principals of sponsor of the offering to convert this property to cooperative ownership.
We understand that we have primary responsibility for compliance with the provisions of article 23-A of the General Business Law, the regulations promulgated by the Attorney General in 13 NYCRR Part 17 and such other laws and regulations as may be applicable.
We have read the entire offering plan. We have investigated the facts set forth in the offering plan and the underlying facts. We have exercised due diligence to form a basis for making this certification. We jointly and severally certify that the offering plan does, and that all documents submitted hereafter by us which amend or supplement the offering plan will:
This certification is made under penalty of perjury for the benefit of all persons to whom this offer is made. We understand that violations are subject to the civil and criminal penalties of the General Business Law and Penal Law.
The undersigned, (an architect registered in New York State)or (an engineer licensed to practice as a professional engineer in New York State), certifies as follows:
The sponsor of the offering to convert the captioned property to a cooperative retained me/our firm to prepare a report disclosing the condition of the property (the report). We visually inspected the property on ______ and prepared the report dated ______, a copy of which is intended to be incorporated into the offering plan so that tenants and prospective purchasers may rely on the report.
I/We understand that I/we am/are responsible for complying with article 23-A of the General Business Law and the regulations promulgated by the Attorney General in 13 NYCRR Part 17 insofar as they are applicable to this report.
I/We have read the entire report and investigated the facts set forth in the report and the facts underlying it, and conducted the visual inspection referred to above, with due diligence in order to form a basis for this certification.
I/We certify that the report and all documents prepared by me/us disclose all the material facts which were then discernible from a visual inspection of the property. This certification is made for the benefit of all persons to whom this offer is made. I/We certify that the report and all documents prepared by me/us, based on my/our visual inspection:
I/We further certify that I/we am/are not owned or controlled by and have no beneficial interest in the sponsor and that my/our compensation for preparing this report is not contingent on the conversion of the property to a cooperative or on the profitability or price of the offering. This statement is not intended as a guarantee or warranty of the physical condition of the property.
N.Y. Comp. Codes R. & Regs. Tit. 13 § 17.1