Bill Text: NY S07091 | 2021-2022 | General Assembly | Amended
Bill Title: Exempts certain timesharing plans involving ten or fewer purchasers from certain filing requirements relating to real estate investments; excludes New York City.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Introduced - Dead) 2022-05-25 - PRINT NUMBER 7091B [S07091 Detail]
Download: New_York-2021-S07091-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 7091--B 2021-2022 Regular Sessions IN SENATE May 28, 2021 ___________ Introduced by Sens. THOMAS, BOYLE, GAUGHRAN, SKOUFIS -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection -- recommitted to the Committee on Consumer Protection in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the general business law, in relation to certain real estate syndication offerings The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 4 of section 157 of the general business law, 2 as added by chapter 754 of the laws of 1990, is amended to read as 3 follows: 4 4. "Time share" means an interest in any arrangement, plan, scheme, or 5 similar device, whether by membership, agreement, tenancy in common, 6 sale, lease, deed, rental agreement, license, or right-to-use agreement 7 or by any other means, whereby more than ten purchasers, or, in a city 8 with a population of one million or more, three or more purchasers, in 9 exchange for a consideration, receive ownership rights in or a right to 10 use the same accommodations or facilities in real property, or both, for 11 different intervals of less than a full year during any given year, but 12 not necessarily for consecutive years, and which extend for a period of 13 more than three years or which, for nominal consideration, may be 14 renewed to continue for a period of more than three years. 15 § 2. Paragraph (a) of subdivision 1 of section 352-e of the general 16 business law, as amended by chapter 1085 of the laws of 1968, is amended 17 to read as follows: 18 (a) It shall be illegal and prohibited for any person, partnership, 19 corporation, company, trust or association, or any agent or employee 20 thereof, to make or take part in a public offering or sale in or from EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11588-04-2S. 7091--B 2 1 the state of New York of securities constituted of participation inter- 2 ests or investments in real estate, mortgages or leases, including 3 stocks, bonds, debentures, evidences of interest or indebtedness, limit- 4 ed partnership interests or other security or securities as defined in 5 section three hundred fifty-two of this article, when such securities 6 consist primarily of participation interests or investments in one or 7 more real estate ventures, including cooperative interests in realty, 8 unless and until there shall have been filed with the department of law, 9 prior to such offering, a written statement or statements, to be known 10 as an "offering statement" or "prospectus" concerning the contemplated 11 offering which shall contain the information and representations 12 required by paragraph (b) of this subdivision unless the security offer- 13 ing is exempted hereunder or under subdivision two of section three 14 hundred fifty-nine-f[, subdivision two,] of this article by rule or 15 action of the attorney general. Provided however, for purposes of this 16 section, except in a city with a population of one million or more, 17 timesharing plans involving ten or fewer purchasers shall be exempted 18 from filing requirements under this section if such purchasers obtain 19 use rights or ownership rights in a single property or unit, the sale 20 price of which exceeds two times the median sales price for residential 21 real property for the county in which such property or unit is located, 22 as determined by the commissioner of taxation and finance. The term 23 "real estate" as used in [the] this paragraph shall not include mineral, 24 oil or timber leases or properties, or buildings, structures, land or 25 other realty housing or containing business offices or industry, owned 26 or leased by the issuer, where the issuer is not primarily engaged in 27 the business of buying and selling such building, except in a city with 28 a population of one million or more, timesharing plans involving ten or 29 fewer purchasers if such purchasers obtain use rights or ownership 30 rights in a single property or unit, the sale price of which exceeds two 31 times the median sales price for residential real property for the coun- 32 ty in which such property or unit is located, as determined by the 33 commissioner of taxation and finance, or other realty or leases or 34 interests therein. The circulation or dissemination of a non-firm offer 35 (including circulation or dissemination of a preliminary prospectus 36 pursuant to section ten (b) of the securities act of nineteen hundred 37 thirty-three, and the rules thereto appertaining) shall not constitute 38 making or taking part in a public offering within the meaning of this 39 section. 40 § 3. This act shall take effect on the ninetieth day after it shall 41 have become a law. Effective immediately, the addition, amendment 42 and/or repeal of any rule or regulation necessary for the implementation 43 of this act on its effective date are authorized to be made and 44 completed on or before such effective date.
