2023 New York Laws › LLC - Limited Liability Company Law › Article 8 - Foreign Limited Liability Companies › 810 - Beneficial Ownership Disclosure.

* §   810.  Beneficial  ownership  disclosure.  (a)  When  filing  the
application for authority pursuant to section eight hundred two of  this
article  or  filing  any  amendments  to  an  application  for authority
pursuant to section eight hundred four  of  this  article,  a  reporting
company  shall  file with the department of state a beneficial ownership
disclosure, or any updates to such information, as  may  be  applicable,
identifying  each  beneficial owner by: (1) full legal name; (2) date of
birth; (3) current business street address; and (4) a unique identifying
number from an acceptable identification document defined in 31 U.S.C. §
5336(a)(1). Provided, however, that where an initial report contains the
information required herein,  such  foreign  limited  liability  company
shall  submit a copy of the initial report such company submitted to the
federal government pursuant to 31 U.S.C. § 5336 in order to satisfy  the
requirements of this section.
(b)  All  personal  or  identifying  information  of beneficial owners
provided to the department of state under this section not  required  to
be  included  in  the  business  entity database pursuant to section one
hundred-b of the executive law, shall be deemed confidential except  for
the  purposes  of  law  enforcement,  or  as  otherwise  required  to be
disclosed  pursuant  to  a  court  order.  If  confidential  information
associated  with a beneficial owner is held electronically, such records
shall be encrypted or protected in a substantially similar  manner.  The
department  of state shall, upon the filing of each beneficial ownership
disclosure, assign each beneficial owner of a foreign limited  liability
company  an  anonymized  unique  identifying  number, which shall not be
based on any personally identifying number including but not limited  to
a social security or tax identification number assigned to or associated
with such beneficial owner.
(c)  (1)  Each  reporting  company  formed  pursuant  to section eight
hundred two of this chapter, on or before the  effective  date  of  this
section  shall  file  the  information required under subdivision (a) of
this section; and each exempt company shall file a statement signed by a
member or manager indicating the provision or provisions of 31 U.S.C.  §
5336(a)(11)(B) excluding such company from the definition of a reporting
company,  with  the department of state no later than January first, two
thousand twenty-five.
(2) A reporting company  which  has  failed  to  file  its  beneficial
ownership disclosure as required by this section, for a period exceeding
thirty  days,  shall  be  shown  to  be  past  due on the records of the
department of state until an up-to-date beneficial ownership  disclosure
is filed with the department.
(3)  A  reporting  company  which  has  failed  to file its beneficial
ownership disclosure as required by this section for a period  exceeding
two  years  shall  be  shown  to  be  delinquent  on  the records of the
department of state after a notice of delinquency has been mailed to the
last known business address of such company and such company has  failed
to  file  such  information  within  sixty  days  of the mailing of such
notice. Such delinquency shall  be  removed  from  the  records  of  the
department  of  state  upon  the  filing  of  an  up-to-date  beneficial
ownership disclosure required by this section,  and  the  payment  of  a
civil penalty of two hundred fifty dollars.
* NB Effective and Repealed January 1, 2026