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.
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.
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:
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.
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:
Following these guidelines will help streamline the process and ensure that your submission is accepted without issues.
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.
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
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-
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.
-2-
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.
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.
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.
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.
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.
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.
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.
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:
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.
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