New York LLC Transparency Act
February 1, 2024
Types : Alerts
New York State has adopted its own version of the federal Corporate Transparency Act (“CTA”) (view here) called the “LLC Transparency Act.” The New York Act is effective December 21, 2024. As its name suggests, the Act applies to limited liability companies only. It covers LLCs that are formed in New York or that are authorized to do business in New York. The exemptions under the New York Act, and the information required on the BOI report, are the same as under the federal CTA. A BOI report filed with FinCEN for a domestic New York LLC and which is also filed with the New York Department of State will satisfy the requirements of the New York Act, as long as the BOI report includes all required information.
A non-exempt LLC formed after the effective date is required to file its report with the New York Department of State at the same time that the articles of organization are filed. Unlike the federal CTA, the New York Act requires that exempt LLCs file a “statement of exemption.” For exempt LLCs formed after the effective date, that statement is due at the same time that the articles of organization are filed. For LLCs formed prior to the effective date, the BOI report, or statement of exemption, is required to be filed no later than January 1, 2025.
In all cases, an amended report is required if information contained in a prior report changes.
As of the date of this post, the website of the New York Department of State does not provide information for filing a BOI report or statement of exemption.
The New York Act is new and therefore likely to be subject to clarification and change.
If you are connected to an LLC that is, or may be, required to file a BOI report or statement of exemption under the New York LLC Transparency Act, you are encouraged to contact a member of Montgomery McCracken’s Business Department to discuss the LLC’s filing obligations and how best to comply with them.