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History
- Referred to corporations, authorities and commissions
- Referred to rules
Full text
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Sponsor's memo
Title of bill
An act to amend the limited liability company law, in relation to addresses for limited liability companies
Purpose
To facilitate the service of process on limited liability companies that own real property in order to assist cities in enforcing local codes and ordinances and collection of taxes and judgments.
Summary of provisions
Section 1 amends subdivision (e) of section 203 of the limited liability company law to require additional disclosure of information on limited liability companies, including names and addresses of members of the LLC, actual address for offices of the LLC, and designation of one or more members for purposes of service of process.
Section 2 amends subdivision (d) of section 221 of the limited liability company law regarding notification of certain changes in membership, addresses, or duties and/or responsibilities of members of limited liability companies.
Section 3 amends subdivision (b) of section 213 of the limited liability company law to require notification of a change in name or street address, including the creating or closing of office locations.
Section 4 amends subdivision (e) of section 301 of the limited liability company law regarding information required for the service of process.
Section 5 establishes an effective date.
Justification
This bill was originally introduced at the request of the City of Syracuse to facilitate the service of process on limited liability companies that own real property in order to enforce local codes and ordinances and collection of taxes and judgments.
Although there are numerous economic benefits that result from the LLC law that must be preserved, serious concerns have arisen with regard to the ownership of rental properties by limited liability companies for which a registered agent is either not designated or unable to be located.
The City asserts that this bill will improve its ability to combat unresponsive absentee landlords with regard to enforcement of local codes and ordinances and collection of taxes and judgments. Many rental properties owned by limited liability companies have fallen into disrepair, are in violation of building and safety codes, and create serious quality of life problems in Syracuse, as well as other upstate cities. In many cases, such landlords have neglected to pay property taxes, water bills, and other utility charges, and the City has been unable to locate the owners of such properties in order to take action on these judgments.
This problem is not unique to Syracuse, and this legislation would assist other cities, particularly in Upstate New York, in combating absentee landlords and improving the quality of life for residents of such rental properties.
Legislative history
S.6134/A.8948 (2007-08)
Fiscal implications
Undetermined.
Effective date
120 days after it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.