New York Dos 1710 Template

New York Dos 1710 Template

The New York DOS 1710 form is a certificate of publication specifically designed for foreign professional service limited liability companies. This form is essential for compliance with Section 1306 of the Limited Liability Company Law, ensuring that all necessary publication requirements are met. Filing this certificate, along with the required affidavits, is crucial to maintaining your company's legal standing in New York.

Fill Out New York Dos 1710 Now

The New York DOS 1710 form is an essential document for foreign professional service limited liability companies (LLCs) that wish to operate within the state. This certificate of publication is required under Section 1306 of the Limited Liability Company Law. It serves to confirm that the company has met the publication requirements mandated by New York law. The form includes important details such as the name of the foreign LLC, any changes to that name, and the fictitious name the company may use in New York. Additionally, it requires the date when the application for authority was filed with the Department of State. The accompanying affidavits of publication must detail the newspapers in which the company’s notices were published, ensuring compliance with legal standards. The form must be signed by a member, manager, or an authorized representative, and it includes a certification statement affirming the truthfulness of the information provided, under penalties of perjury. A $50 filing fee is required upon submission, and while the Department of State provides this form, companies have the option to draft their own or utilize forms from legal stationery stores. Legal guidance is recommended for preparing such documents to ensure accuracy and compliance.

Misconceptions

Understanding the New York DOS 1710 form is crucial for foreign professional service limited liability companies looking to operate in New York. However, several misconceptions surround this form that can lead to confusion. Here are seven common misconceptions, along with clarifications:

  • It is mandatory to use the DOS 1710 form. Many believe that using this specific form is required. In reality, you can draft your own form or utilize other available templates, as long as it meets the legal requirements.
  • Only lawyers can file the DOS 1710 form. While it is advisable to have legal guidance, the form can be filed by any authorized person, including members or managers of the company.
  • The filing fee is optional. Some think that the $50 filing fee can be waived. This fee is mandatory and must accompany the submission of the form.
  • All information must be published in any newspaper. There is a misconception that any publication will suffice. The newspapers used must meet specific criteria set forth in the Limited Liability Company Law.
  • Changes to the company name do not need to be reported. If the name of the foreign professional service limited liability company has changed, it is essential to report this on the form to ensure compliance.
  • Affidavits of publication are not necessary. Some may think that submitting the DOS 1710 form alone is enough. However, it must be accompanied by affidavits of publication from the newspapers where the notices were published.
  • Penalties for incorrect information are minimal. Underestimating the seriousness of providing false information can be a costly mistake. The form requires a certification under penalties of perjury, which means that providing inaccurate information can lead to serious legal consequences.

Awareness of these misconceptions can help ensure a smoother filing process and compliance with New York State regulations. It is always wise to consult with a legal expert when navigating these requirements.

Dos and Don'ts

When filling out the New York DOS 1710 form, it is important to follow certain guidelines to ensure accuracy and compliance. Here are five things you should do and five things you should avoid:

  • Do provide the correct name of the foreign professional service limited liability company as registered.
  • Do include the date when the application for authority was filed by the Department of State.
  • Do ensure that the published notices in the affidavits contain all required information.
  • Do sign the certificate with the appropriate title, such as member or manager.
  • Do submit the form along with the $50 filing fee to the Department of State.
  • Don't forget to attach the affidavits of publication to the certificate.
  • Don't use a name that is not the official name of the company.
  • Don't leave any sections of the form blank; incomplete forms can cause delays.
  • Don't submit the form without checking for accuracy and completeness.
  • Don't overlook the requirement for an attorney-in-fact to provide their name and title if applicable.

Following these guidelines will help streamline the process and ensure that your submission is accepted without issues.

Similar forms

  • Certificate of Authority: This document allows a foreign entity to conduct business in New York. Like the DOS 1710 form, it requires verification of compliance with state laws and typically includes details about the entity's formation and operations.

  • Certificate of Incorporation: This is filed by corporations to establish their existence in New York. Similar to the DOS 1710, it requires specific information about the company, including its name and the nature of its business.

  • Certificate of Good Standing: This document certifies that a business entity is legally registered and compliant with state regulations. It parallels the DOS 1710 form in that it affirms the entity's lawful status within New York.

  • Application for Authority to Transact Business: This application is necessary for foreign corporations wishing to operate in New York. It shares similarities with the DOS 1710 form in its purpose of ensuring that the entity meets state requirements.

  • Fictitious Name Registration: If a business operates under a name different from its registered name, it must file this document. Like the DOS 1710, it includes the name of the entity and verifies its legal standing in New York.

Preview - New York Dos 1710 Form

New York State

Department of State

Division of Corporations, State Records and Uniform Commercial Code

One Commerce Plaza, 99 Washington Avenue

Albany, NY 12231

www.dos.ny.gov

CERTIFICATE OF PUBLICATION

OF

(Name of Foreign Professional Service Limited Liability Company)

Under Section 1306 of the Limited Liability Company Law

The undersigned is the

(Title*)

of

(Name of Foreign Professional Service Limited Liability Company)

If the name of the foreign professional service limited liability company has changed, the name under which it was authorized is:

If applicable, the fictitious name of the foreign professional service limited liability company has agreed to use in this state is:

The application for authority was filed by the Department of State on:

The published notices described in the annexed affidavits of publication contain all of the information required by Section 1306 of the Limited Liability Company Law.

The newspapers described in such affidavits of publication satisfy the requirements set forth in the Limited Liability Company Law and the designation made by the county clerk.

I certify the foregoing statements to be true under penalties of perjury.

(Date)

X

(Signature)

(Type or Print Name)

*This certificate must be signed by a member, manager, authorized person or attorney-in-fact. If the certificate is signed by an attorney-in-fact, include the name and title of the person for whom the attorney-in-fact is acting. (Example, John Smith, attorney-in-fact for Robert Johnson, member.)

DOS-1710 (REV. 2/12)

-1-

CERTIFICATE OF PUBLICATION

OF

(Name of Foreign Professional Service Limited Liability Company)

Under Section 1306 of the Limited Liability Company Law

Filed by:

(Name)

(Mailing Address)

(City, State and ZIP Code)

Note: This form was prepared by the New York State Department of State for filing a certificate of publication for a foreign professional service limited liability company. You are not required to use this form. You may draft your own form or use forms available from legal stationery stores. The Department of State recommends that legal documents be prepared under the guidance of an attorney. This certificate of publication, with the affidavits of publication of the newspapers annexed thereto, must be submitted with a $50 filing fee payable to the Department of State.

(For office use only)

Attach this page after the affidavits of publication.

DOS-1710 (REV. 2/12)

-2-

 

Crucial Queries on This Form

What is the New York DOS 1710 form used for?

The New York DOS 1710 form is a Certificate of Publication specifically designed for foreign professional service limited liability companies. This form is required under Section 1306 of the Limited Liability Company Law. It serves to certify that the company has published the necessary notices in designated newspapers, as mandated by law, to inform the public of its presence and operations in New York State.

Who is required to sign the DOS 1710 form?

The form must be signed by an authorized individual associated with the foreign professional service limited liability company. This could be a member, manager, or an authorized person. If the form is signed by an attorney-in-fact, it is important to include the name and title of the person for whom the attorney is acting. This ensures that the signature is valid and that the individual has the authority to represent the company in this matter.

What documents must be submitted along with the DOS 1710 form?

When filing the DOS 1710 form, it is essential to include the affidavits of publication from the newspapers where the notices were published. These affidavits confirm that the company has complied with the publication requirements. Additionally, a filing fee of $50 must be submitted along with the form. This fee should be made payable to the Department of State.

Can I create my own form instead of using the DOS 1710?

Yes, you are not obligated to use the DOS 1710 form provided by the New York State Department of State. You have the option to draft your own form or utilize forms available at legal stationery stores. However, it is highly recommended that legal documents be prepared under the guidance of an attorney to ensure compliance with all legal requirements and to avoid potential issues.

How to Write New York Dos 1710

Completing the New York DOS 1710 form is a crucial step in ensuring compliance with state regulations for foreign professional service limited liability companies. Follow these steps carefully to ensure that your application is filled out correctly and submitted on time.

  1. Obtain the form: Download the New York DOS 1710 form from the New York State Department of State's website or acquire a hard copy.
  2. Fill in the company name: Write the name of your foreign professional service limited liability company at the top of the form.
  3. Provide your title: Indicate your title (member, manager, authorized person, or attorney-in-fact) in the designated space.
  4. Update the name if necessary: If your company's name has changed, include the name under which it was authorized.
  5. Fictitious name: If applicable, enter any fictitious name your company will use in New York State.
  6. Application date: State the date when the application for authority was filed with the Department of State.
  7. Affidavits of publication: Confirm that the published notices in the attached affidavits contain all required information as specified by Section 1306 of the Limited Liability Company Law.
  8. Newspaper requirements: Verify that the newspapers mentioned in the affidavits meet the requirements set by the Limited Liability Company Law and the county clerk's designation.
  9. Certification: Sign and date the form, certifying that the statements made are true under penalties of perjury.
  10. Include your name: Type or print your name below your signature.
  11. Filing fee: Prepare a check for $50, payable to the Department of State, and attach it to your form.
  12. Submission: Submit the completed form along with the affidavits of publication to the address provided on the form.

Once you have completed these steps, your application will be processed by the Department of State. Ensure that all information is accurate and that you meet the filing deadline to avoid any delays in your company's compliance status.

Common mistakes

Filling out the New York DOS-1710 form can seem straightforward, but there are several common mistakes that people often make. One significant error occurs when individuals fail to include the correct name of the foreign professional service limited liability company. It's essential to ensure that the name matches exactly with the one registered with the Department of State. Any discrepancies can lead to delays or even rejection of the application.

Another frequent mistake is neglecting to provide the date when the application for authority was filed. This date is crucial as it establishes the timeline for compliance and publication requirements. If this information is missing, it could raise questions about the validity of the application.

Many applicants also overlook the requirement to include the correct title of the person signing the form. This title must reflect the individual's authority within the company, such as member, manager, or authorized person. Inaccurate titles can create confusion about who is legally responsible for the submission.

Furthermore, individuals often forget to attach the necessary affidavits of publication. These affidavits serve as proof that the required notices were published in the appropriate newspapers. Without them, the application is incomplete and cannot be processed.

Another common pitfall is not providing a fictitious name if applicable. If the foreign professional service limited liability company operates under a different name in New York, this name must be included on the form. Failing to do so may result in complications during the approval process.

People sometimes misinterpret the filing fee requirements as well. The form must be submitted with a $50 filing fee, payable to the Department of State. Forgetting to include this payment can lead to delays, as the application will not be processed until the fee is received.

Lastly, many applicants neglect to sign the form correctly. The signature must be from a member, manager, or authorized person. If the form is signed by an attorney-in-fact, it is vital to include the name and title of the individual for whom they are acting. Omitting this detail can invalidate the submission.

Key takeaways

Filling out the New York DOS 1710 form correctly is crucial for foreign professional service limited liability companies. Here are some key takeaways to keep in mind:

  • The form is officially titled "Certificate of Publication" and must be submitted to the New York State Department of State.
  • Ensure you include the exact name of your foreign professional service limited liability company as registered.
  • If your company name has changed, clearly state the previous name under which it was authorized.
  • Be aware of any fictitious names your company may use in New York; include this information if applicable.
  • Document the date when the application for authority was filed with the Department of State.
  • Attach the required affidavits of publication from newspapers, as these are essential for compliance.
  • Verify that the newspapers listed in the affidavits meet the requirements set by the Limited Liability Company Law.
  • The form must be signed by an authorized person, such as a member or manager of the company.
  • Remember to include the date of signing and print the name of the signer clearly.
  • A $50 filing fee is required when submitting the form, so be prepared to include payment.

Completing this form accurately will help ensure that your company remains in good standing in New York. Always consider consulting with an attorney for guidance on legal documents.

Other PDF Templates

Document Attributes

Fact Name Description
Governing Law The New York DOS-1710 form is governed by Section 1306 of the Limited Liability Company Law.
Purpose This form is used to certify the publication of a foreign professional service limited liability company.
Filing Fee A $50 filing fee must be submitted with the form to the Department of State.
Signature Requirement The form must be signed by a member, manager, authorized person, or attorney-in-fact.
Affidavits of Publication Affidavits of publication must be attached to the certificate when submitted.
Optional Use While the form is provided by the New York State Department of State, it is not mandatory to use it.
Contact Information The form requires the name and mailing address of the individual filing it.
Preparation Advice The Department of State recommends that legal documents be prepared with the help of an attorney.