Senate Bill S8213

2017-2018 Legislative Session

Requires domestic and foreign limited liability companies to amend their articles of organization to include a list of beneficial owners and to provide certain information relating to each beneficial owner

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Sponsored By

Archive: Last Bill Status - In Senate Committee Corporations, Authorities And Commissions Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2017-S8213 (ACTIVE) - Details

Current Committee:
Senate Corporations, Authorities And Commissions
Law Section:
Limited Liability Company Law
Laws Affected:
Amd §§102, 203, 209, 211, 802 & 804, add §§215 & 810, Lim Lil L
Versions Introduced in 2019-2020 Legislative Session:
S2255

2017-S8213 (ACTIVE) - Summary

Requires limited liability companies and foreign limited liability companies to amend their articles of organization to include a list of beneficial owners and to provide certain information relating to each beneficial owner.

2017-S8213 (ACTIVE) - Sponsor Memo

2017-S8213 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8213
 
                             I N  S E N A T E
 
                              April 18, 2018
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Corporations,  Authorities
   and Commissions
 
 AN  ACT  to  amend  the  limited  liability  company law, in relation to
   requiring limited liability  companies  to  amend  their  articles  of
   organization  to  include  a  list  of  beneficial  owners and provide
   certain information relating to each beneficial owner
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 102 of the limited liability company law is amended
 by adding a new subdivision (d-1) to read as follows:
   (D-1)  (1)  "BENEFICIAL OWNER" MEANS A NATURAL PERSON WHO, DIRECTLY OR
 INDIRECTLY, (A) HOLDS A  MEMBERSHIP  INTEREST  IN  A  LIMITED  LIABILITY
 COMPANY OR A FOREIGN LIMITED LIABILITY COMPANY; OR (B) HAS BEEN ASSIGNED
 A MEMBERSHIP INTEREST IN A LIMITED LIABILITY COMPANY OR A FOREIGN LIMIT-
 ED LIABILITY COMPANY.
   (2)  THE TERM "BENEFICIAL OWNER" SHALL NOT INCLUDE: (A) A MINOR CHILD;
 (B) A PERSON ACTING AS A NOMINEE, INTERMEDIARY, CUSTODIAN, OR  AGENT  ON
 BEHALF OF ANOTHER PERSON; (C) A PERSON ACTING SOLELY AS AN EMPLOYEE OF A
 LIMITED  LIABILITY  COMPANY  AND WHOSE CONTROL OVER OR ECONOMIC BENEFITS
 FROM THE LIMITED LIABILITY COMPANY DERIVES SOLELY  FROM  THE  EMPLOYMENT
 STATUS  OF  THE  PERSON;  (D)  A PERSON WHOSE ONLY INTEREST IN A LIMITED
 LIABILITY COMPANY IS THROUGH A RIGHT OF INHERITANCE, UNLESS  THE  PERSON
 ALSO MEETS THE REQUIREMENTS OF PARAGRAPH ONE OF THIS SUBDIVISION; OR (E)
 A  CREDITOR  OF  A  LIMITED  LIABILITY COMPANY, UNLESS THE CREDITOR ALSO
 MEETS THE REQUIREMENTS OF PARAGRAPH ONE OF THIS SUBDIVISION.
   § 2. Paragraphs 6 and 7 of subdivision  (e)  of  section  203  of  the
 limited  liability  company  law, as added by chapter 470 of the laws of
 1997, are amended to read as follows:
   (6) if all or specified members are to be liable in their capacity  as
 members  for  all  or specified debts, obligations or liabilities of the
 limited liability company as authorized pursuant to section six  hundred
 nine  of  this chapter, a statement that all or specified members are so
 liable for such debts, obligations or liabilities in their  capacity  as
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

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