2023 New York Laws › LAB - Labor › Article 31 - New York Professional Employer Act › 919 - Registration Process.

§  919.  Registration process. 1. Except as otherwise provided in this
section,  each  professional  employer  organization  required   to   be
registered   under  this  article  shall  provide  the  department  with
information required by the department  on  forms  that  the  department
specifies.  At  a  minimum,  professional  employer  organizations shall
provide the following information:
(a) The name or names under which it conducts business;
(b) The address of the principal place of business of the professional
employer organization and the address of each  office  it  maintains  in
this state;
(c)  The  professional  employer  organization's  taxpayer or employer
identification number;
(d) A list by jurisdiction of each name under which  the  professional
employer   organization  has  operated  in  the  preceding  five  years,
including any alternative names, names of predecessors  and,  if  known,
successor business entities; and
(e)  In  the  event  the  professional  employer  organization  or the
ultimate parent of a  professional  employer  organization  group  is  a
privately   or   closely   held   company,   the  professional  employer
organization or professional employer organization group  shall  file  a
list  of  all  persons  or  entities  that own a five percent or greater
interest in the  professional  employer  organization  at  the  time  of
application  and  a list of persons who formerly owned a five percent or
greater interest  in  the  professional  employer  organization  or  its
predecessors  in the preceding five years. In the event the professional
employer organization or the ultimate parent of a professional  employer
organization  group  is  a  publicly  traded  company,  the professional
employer organization or professional employer organization group  shall
file  a  list  of  all  persons  or entities that own a fifty percent or
greater interest  in  the  professional  employer  organization  or  the
ultimate  parent  of the professional employer organization group at the
time of application.
2. Each professional employer organization operating within this state
shall complete its initial registration within one hundred  eighty  days
after  the  end  of the professional employer organization's fiscal year
ending after the effective date of this article.
3. Within one hundred eighty days after the end  of  the  professional
employer  organization's  fiscal  year,  each registrant shall renew its
registration  by  notifying  the  department  of  any  changes  in   the
information previously provided pursuant to this section.
4.  Two  or more professional employer organizations that are majority
owned by the same ultimate parent, entity or persons may  be  registered
as  a  professional employer organization group. A professional employer
organization group may satisfy any reporting and financial  requirements
of  this article on a consolidated basis. As a condition of registration
as a professional employer organization group, each company  that  is  a
member of the group shall guarantee payment of all financial obligations
of each other member.
5.  A  professional  employer  organization  shall  be exempt from the
registration requirements specified in this section if such professional
employer organization:
(a) submits a properly executed request for registration and exemption
on a form provided by the department;
(b) is domiciled outside this state and is licensed or registered as a
professional employer organization in another state that has the same or
greater requirements as this article;
(c) does not maintain an office in this state or solicit in any manner
clients located or domiciled within this state; and
(d) does not have more than twenty-five  worksite  employees  in  this
state.
6.   The   registration  and  exemption  of  a  professional  employer
organization under subdivision five of this section shall be  valid  for
one year.
7.  The  department  shall  maintain  a  list of professional employer
organizations registered under this article.
8. The  department  may  prescribe  forms  necessary  to  promote  the
efficient administration of this section.