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This entry was published on 2024-03-08
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SECTION 1107
Beneficial ownership disclosure
Limited Liability Company Law (LLC) CHAPTER 34, ARTICLE 11
* § 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