The New York State Legislature amended the laws regarding publication and filing requirements upon the formation or authorization of domestic and foreign limited liability companies, limited partnerships and limited liability partnerships (collectively referred to here as “Limited Liability Entities”). The amended laws became effective on June 1, 2006.
A. Limited Liability Entities formed or authorized to do business in New York prior to June 1, 2006, are deemed to have complied with the publication and filing requirements in effect prior to June 1, 2006, if:
(i) the entity was formed or authorized on or after January 1, 1999, and prior to June 1, 2006, and the entity filed at least one affidavit of the printer or publisher of a newspaper with the Department of State at any time prior to June 1, 2006; or
(ii) the entity was formed or authorized prior to January 1, 1999.
B. Limited liability entities formed or authorized to do business in New York prior to June 1, 2006, that have not been deemed to be in compliance with the publication and filing requirements, are statutorily required to fulfill the publication requirements in the manner required by law prior to June 1, 2006. URGENT: Failure to complete such publication requirements within 12 months of the effective date of the law will result in the suspension of the limited liability entity’s authority to carry on, conduct or transact any business.
This Announcement is not legal advice and is for informational purposes only. You should consult with an attorney to determine whether you are in compliance with the statutory requirements. For more information about the requirements, please feel free to contact one of our attorneys, to discuss your compliance with the statutory requirements, or contact the New York State Department of State, Division of Corporations.