Bill Text: NY A10354 | 2021-2022 | General Assembly | Introduced


Bill Title: Relates to liability for providing false or fraudulent information pertaining to beneficial owners of limited liability companies.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-05-13 - referred to corporations, authorities and commissions [A10354 Detail]

Download: New_York-2021-A10354-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          10354

                   IN ASSEMBLY

                                      May 13, 2022
                                       ___________

        Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Gallagher)
          -- read once and referred to the Committee on  Corporations,  Authori-
          ties and Commissions

        AN  ACT  to  amend  the  limited  liability  company law, in relation to
          liability for providing false or fraudulent information pertaining  to
          beneficial owners of limited liability companies

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 215 of the limited liability company law, as  added
     2  by  a chapter of the laws of 2022 amending the limited liability company
     3  law relating to the disclosure of beneficial owners of limited liability
     4  companies, as proposed in legislative bills numbers  S.  8439-A  and  A.
     5  9415-B, is amended by adding a new subdivision (d) to read as follows:
     6    (d) Any person who: (1) knowingly provides false or fraudulent benefi-
     7  cial  ownership  information; or (2) willfully fails to provide complete
     8  or updated information shall be guilty of a misdemeanor  and  liable  to
     9  the  state for a civil penalty of not more than ten thousand dollars and
    10  shall be prohibited from organizing, forming, registering,  or  managing
    11  any  limited  liability  company or partnership in the state of New York
    12  for a period not less than one year or greater than  five  years.    The
    13  department of state may withdraw or prohibit the authority of such enti-
    14  ty to do business within the state for at least two years.
    15    §  2.  Section 810 of the limited liability company law, as added by a
    16  chapter of the laws of 2022 amending the limited liability  company  law
    17  relating  to  the  disclosure  of beneficial owners of limited liability
    18  companies, as proposed in legislative bills numbers  S.  8439-A  and  A.
    19  9415-B, is amended by adding a new subdivision (d) to read as follows:
    20    (d) Any person who: (1) knowingly provides false or fraudulent benefi-
    21  cial ownership information or (2) willfully fails to provide complete or
    22  updated  information  shall be guilty of a misdemeanor and liable to the
    23  state for a civil penalty of not more  than  ten  thousand  dollars  and
    24  shall  be  prohibited from organizing, forming, registering, or managing
    25  any limited liability company or partnership in the state  of  New  York
    26  for  a  period  not  less than one year or greater than five years.  The

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15667-01-2

        A. 10354                            2

     1  department of state may withdraw or prohibit the authority of such enti-
     2  ty to transact business within the state of New York for  at  least  two
     3  years.
     4    §  3.  This act shall take effect on the ninetieth day after a chapter
     5  of the laws of 2022 amending the limited liability company law  relating
     6  to  the  disclosure of beneficial owners of limited liability companies,
     7  as proposed in legislative bills numbers S.  8439-A and A. 9415-B, takes
     8  effect.
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