Legislation
SECTION 810
Beneficial ownership disclosure
Limited Liability Company Law (LLC) CHAPTER 34, ARTICLE 8
* § 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
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