Current through 2024 NY Law Chapter 457
Section 100-B - [Effective 1/1/2026] [Repealed Effective 1/1/2026] Business entity database1. The secretary of state shall maintain a publicly available database on its website for each business entity organized in New York state and each foreign business entity with authority to do business in the state, that includes but is not limited to, the following information:(a) the name of the business entity;(b) the history of such name and changes to such name, where applicable;(c) the current business street address and the county associated with such business street address;(d) the duration or date of dissolution of the business entity, where applicable;(e) where the business entity is a limited liability company, the date of initial filing of the articles of organization, or where the business entity is a foreign limited liability company, the application for authority;(f) the date of the most recent filing;(g) the filing history associated with such entity; and(h) any other information pertaining to such business entity as may be determined by the secretary of state and in accordance with applicable state and federal laws, rules, and regulations.2.(a) In addition to the information required to be included in the database pursuant to subdivision one of this section, the secretary of state shall also include the full legal name or names of each beneficial owner, for every limited liability company and foreign limited liability company where such companies are also reporting companies.(b) The secretary of state shall establish, through regulations, procedures to allow beneficial owners of limited liability companies and foreign limited liability companies who are also reporting companies who cite significant privacy interests to apply for a waiver to withhold the name and/or business address associated of a beneficial owner from the database established in subdivision one of this section where such name and/or business address discloses personal or identifying information of such beneficial owner, no amendment to such information mitigates such disclosure, and such disclosure serves no public interest. Significant privacy interests shall include, but not be limited to, where a beneficial owner is a natural person participating in an address confidentiality program, or is a member of a limited liability company acting as a relator in a qui tam action filed pursuant to section one hundred ninety of the state finance law or 31 U.S.C. section 3729. The secretary of state shall issue a waiver to a beneficial owner upon a demonstration that a significant privacy interest exists and shall provide guidance on its website indicating what documentation is acceptable as proof for issuance of a waiver. If the secretary of state grants a beneficial owner a waiver pursuant to this subdivision, the secretary of state shall disclose the anonymized unique identifying number assigned by the secretary of state to each beneficial owner or owners pursuant to section two hundred fifteen or section eight hundred ten of the limited liability company law, as may be applicable to the database established in subdivision one of this section. The secretary of state shall also provide information on its website regarding compliance with beneficial ownership disclosure requirements and how and where such information may be used and disclosed.Amended by New York Laws 2024, ch. 102,Sec. 10, eff. 3/1/2024.Repealed by New York Laws 2024, ch. 102,Sec. 9, eff. 1/1/2026.Added by New York Laws 2023, ch. 772,Sec. 9, eff. 1/1/2026.