N.Y.
Limited Liability Company Law Section 1107
Beneficial ownership disclosure
(a)
All reporting companies shall file with the department of state a beneficial ownership disclosure in such form and manner as directed by the department of state, identifying each beneficial owner of the reporting company and each applicant with respect to that reporting company, by:(1)
full legal name;(2)
date of birth;(3)
current home or business street address; and(4)
a unique identifying number from:(i)
an unexpired passport;(ii)
an unexpired state driver’s license; or(iii)
an unexpired identification card or document issued by a state or local government agency or tribal authority for the purpose of identification of that individual.(b)
All exempt companies shall electronically file, under penalty of perjury, an attestation of exemption in such form designated by the department of state, which statement shall include the specific exemption claimed and the facts on which such exemption is based. Any company filing an exemption pursuant to this subdivision shall be subject to the annual statement requirement as stated in subdivision (g) of this section in the form prescribed by the department, which statement shall be attested to under penalty of perjury.(c)
All beneficial ownership disclosures, attestations of exemption, and filing fees shall be submitted electronically as prescribed by the department of state. The beneficial ownership disclosure or attestation of exemption shall be signed electronically consistent with the provisions of article three of the state technology law.(d)
Within thirty days of an initial filing of articles of organization or an application for authority pursuant to this chapter, a reporting company shall file with the department of state a beneficial ownership disclosure that complies with subdivision (a) of this section. Within thirty days of an initial filing of articles of organization or an application for authority pursuant to this chapter, an exempt company shall file with the department of state an attestation of exemption that complies with subdivision (b) of this section.(e)
Within one year of the effective date of this section, all previously formed or authorized reporting companies shall file with the department of state a beneficial ownership disclosure that complies with subdivision (a) of this section. Within one year of the effective date of this section, all previously formed or authorized exempt companies shall file with the department of state an attestation of exemption that complies with subdivision (b) of this section.(f)
All information relating to beneficial owners who are natural persons collected by the department of state in accordance with this section shall be maintained in a secure database and shall be deemed confidential except:(1)
pursuant to the written request of or by voluntary written consent of the beneficial owner;(2)
by court order;(3)
to officers or employees of another federal, state or local government agency where disclosure is necessary for the agency to perform its official duties as required by statute or necessary to operate a program specifically authorized by law; or(4)
for a valid law enforcement purpose including as relevant to any law enforcement investigation by the office of the attorney general. Any beneficial ownership information disclosed by department of state shall not be further disclosed by any recipient except as authorized in law or as otherwise necessary to the performance of statutory duties.(g)
Once the initial beneficial ownership disclosure has been filed, all reporting companies shall electronically file with the department of state an annual statement confirming or updating:(1)
their beneficial ownership disclosure information;(2)
the street address of its principal executive office;(3)
status as exempt company, if applicable; and(4)
such other information as may be designated by the department of state.(h)
The department of state shall establish provisions for sharing information with agencies permitted to access information relating to beneficial owners in accordance with subdivision (f) of this section. * NB Effective January 1, 2026
Source:
Section 1107 — Beneficial ownership disclosure, https://www.nysenate.gov/legislation/laws/LLC/1107 (updated Mar. 8, 2024; accessed May 4, 2024).
