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The New York DOS 1710 form is an important document for foreign professional service limited liability companies operating in New York. This form serves as a certificate of publication, confirming that the company has met the publication requirements set forth in Section 1306 of the Limited Liability Company Law. It requires the name of the company, along with any previous names if applicable, and the date when the application for authority was filed with the Department of State. Furthermore, the form must include the name of the person filing it, their title, and a declaration that the published notices in the attached affidavits contain all necessary information. The form also emphasizes the importance of using newspapers that comply with legal standards and county clerk designations. To complete the process, a $50 filing fee is required. While this form is provided by the New York State Department of State, it is not mandatory to use it; companies can draft their own or use forms from legal stationery stores. However, it is advisable to seek legal guidance when preparing such documents to ensure compliance with all requirements.

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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-

 

Form Specifications

Fact Name Details
Governing Law This form is governed by Section 1306 of the New York Limited Liability Company Law.
Purpose The DOS-1710 form certifies the publication of a foreign professional service limited liability company in New York.
Filing Fee A filing fee of $50 is required when submitting the DOS-1710 form.
Signature Requirement The form must be signed by a member, manager, authorized person, or attorney-in-fact.
Affidavit Requirement Affidavits of publication from the newspapers must be annexed to the certificate when submitted.

New York Dos 1710: Usage Guidelines

Completing the New York DOS 1710 form is essential for ensuring compliance with state regulations regarding the publication of a foreign professional service limited liability company. Once you have filled out the form, you will need to gather the necessary affidavits of publication and submit them along with the completed form and the required filing fee.

  1. Obtain the New York DOS 1710 form. You can download it from the New York State Department of State's website or request a hard copy.
  2. At the top of the form, enter the Name of Foreign Professional Service Limited Liability Company in the designated space.
  3. Identify your title by filling in the Title of the person completing the form (e.g., member, manager, authorized person, or attorney-in-fact).
  4. If the name of the foreign professional service limited liability company has changed, write the previous name in the appropriate section.
  5. If applicable, provide the fictitious name that the company will use in New York State.
  6. Record the date when the application for authority was filed by the Department of State in the specified field.
  7. Confirm that the published notices in the annexed affidavits of publication contain all required information as stated in Section 1306 of the Limited Liability Company Law.
  8. Ensure that the newspapers mentioned in the affidavits meet the necessary requirements outlined in the Limited Liability Company Law.
  9. Certify the statements made in the form by signing and dating it. Include the typed or printed name of the person signing.
  10. If signed by an attorney-in-fact, include the name and title of the member for whom the attorney-in-fact is acting (e.g., John Smith, attorney-in-fact for Robert Johnson, member).
  11. Fill in the Name of the person filing the form and provide their Mailing Address, City, State, and ZIP Code in the designated section.
  12. Attach the affidavits of publication to the form.
  13. Prepare a payment of $50, made out to the Department of State, to accompany your filing.
  14. Submit the completed form along with the affidavits and payment to the New York State Department of State, Division of Corporations.

Your Questions, Answered

What is the New York DOS 1710 form?

The New York DOS 1710 form is a Certificate of Publication for foreign professional service limited liability companies. It is required under Section 1306 of the Limited Liability Company Law. This form certifies that a company has published its formation notices in designated newspapers, as mandated by New York law. The form must include specific information about the company, including its name, any fictitious names, and the date the application for authority was filed with the Department of State.

Who needs to file the DOS 1710 form?

What information is required on the DOS 1710 form?

The form requires several key pieces of information. This includes the name of the foreign professional service limited liability company, any previous names if applicable, the fictitious name the company will use in New York, and the date the application for authority was filed. Additionally, the form must be signed by a member, manager, or authorized person, and it should include a certification of the truthfulness of the statements made, under penalties of perjury.

What is the filing fee for the DOS 1710 form?

The filing fee for the DOS 1710 form is $50. This fee must be submitted along with the completed form and the annexed affidavits of publication. Payment should be made payable to the New York Department of State. It is important to ensure that all documents are completed accurately to avoid delays in processing.

Can I use a different form instead of the DOS 1710?

Yes, you are not required to use the DOS 1710 form specifically. The New York State Department of State allows individuals to draft their own form or use forms available from legal stationery stores. However, it is recommended that legal documents be prepared with the assistance of an attorney to ensure compliance with all legal requirements.

What happens if I do not file the DOS 1710 form?

If a foreign professional service limited liability company fails to file the DOS 1710 form, it may face penalties and could jeopardize its ability to conduct business in New York. The state requires proof of publication as part of the authorization process, and neglecting this requirement can result in administrative complications or legal issues down the line.

Common mistakes

  1. Not including the correct name of the foreign professional service limited liability company. Ensure that the name matches exactly with what is on file.

  2. Forgetting to provide the date when the application for authority was filed. This information is crucial for processing your form.

  3. Failing to sign the certificate. The form must be signed by a member, manager, or authorized person. An unsigned form will be rejected.

  4. Not including the fictitious name if applicable. If your company operates under a different name, it must be stated clearly.

  5. Using an outdated version of the form. Always ensure you are using the most recent version to avoid complications.

  6. Neglecting to attach the affidavits of publication. These documents are necessary to prove that you have fulfilled publication requirements.

  7. Omitting the filing fee. The $50 fee must accompany your submission. Without it, your application cannot be processed.

Documents used along the form

The New York DOS 1710 form serves as a Certificate of Publication for foreign professional service limited liability companies. This form is essential for compliance with state regulations, particularly under Section 1306 of the Limited Liability Company Law. Alongside this form, several other documents are commonly utilized to ensure a complete filing process. Below is a list of these documents, each accompanied by a brief description.

  • Affidavit of Publication: This document is prepared by the newspaper where the publication occurred. It confirms that the required notice was published in accordance with the law and includes details such as dates and the content of the publication.
  • Certificate of Authority: This form is necessary for foreign entities wishing to operate in New York. It grants permission for the business to conduct operations in the state and ensures compliance with local laws.
  • Fictitious Name Registration: If the business intends to operate under a name different from its registered name, this registration is required. It provides public notice of the name under which the business will operate.
  • Operating Agreement: Although not always mandatory, this internal document outlines the management structure and operational procedures of the limited liability company. It serves as a guide for members and managers.
  • Statement of Information: This form provides updated information about the business, including its address, management, and other key details. It is essential for maintaining accurate records with the state.
  • Tax Registration Form: This document is needed to register the business for tax purposes. It ensures compliance with state and federal tax regulations, allowing the company to operate legally.

Each of these documents plays a vital role in the establishment and operation of a foreign professional service limited liability company in New York. Proper completion and submission of these forms help ensure compliance with state regulations and facilitate smooth business operations.

Similar forms

  • Certificate of Incorporation: This document serves as the foundational legal document for establishing a corporation. Like the DOS 1710 form, it requires specific information about the entity, such as its name and purpose. Both documents must be filed with the state to formalize the existence of the business entity.

  • Certificate of Good Standing: This certificate verifies that a business entity is legally registered and compliant with state regulations. Similar to the DOS 1710 form, it must be filed with the state and often requires the submission of supporting documents to confirm the entity's active status.

  • Application for Authority: This form is necessary for foreign entities wishing to operate in New York. It parallels the DOS 1710 form in that it requires details about the entity and its compliance with state laws. Both documents are essential for ensuring that the entity is authorized to conduct business in the state.

  • Certificate of Assumed Name: If a business operates under a name different from its registered name, it must file this certificate. This document is similar to the DOS 1710 form in that it provides transparency about the business's identity and ensures compliance with state naming regulations.

  • Annual Report: This document is required for many business entities to maintain good standing with the state. Like the DOS 1710 form, it includes essential information about the entity and must be filed periodically to confirm ongoing compliance with state laws.

Dos and Don'ts

When filling out the New York DOS 1710 form, it is essential to follow certain guidelines to ensure accuracy and compliance. Below is a list of things you should and should not do.

  • Do read the instructions carefully before starting the form.
  • Do provide the correct name of the foreign professional service limited liability company.
  • Do ensure that all required signatures are present before submission.
  • Do include the date of certification in the appropriate section.
  • Do attach the affidavits of publication as required.
  • Don't leave any sections blank; fill in all required fields.
  • Don't forget to include the $50 filing fee with your submission.
  • Don't use a name that differs from the one authorized by the Department of State.
  • Don't submit the form without verifying the accuracy of the information provided.
  • Don't attempt to file the form without the necessary affidavits of publication.

By adhering to these guidelines, you can facilitate a smoother filing process and help ensure that your application is processed without unnecessary delays.

Misconceptions

Understanding the New York DOS 1710 form is crucial for anyone looking to establish a foreign professional service limited liability company in the state. However, several misconceptions can lead to confusion. Here are nine common myths about this form, along with clarifications to help you navigate the process more effectively.

  1. It is mandatory to use the DOS 1710 form. Many believe that this specific form is required. In reality, you can draft your own form or use alternatives available at legal stationery stores.
  2. Only attorneys can file the DOS 1710 form. While it’s recommended to seek legal guidance, anyone authorized can submit the form, including members or managers of the company.
  3. The form is only for New York-based companies. This form is specifically for foreign professional service limited liability companies that wish to operate in New York, not just local entities.
  4. Filing the form guarantees approval. Submitting the DOS 1710 does not guarantee that your application will be approved. Compliance with all requirements is essential.
  5. The filing fee is refundable. The $50 filing fee is non-refundable, regardless of whether your application is accepted or rejected.
  6. All information can be submitted later. The form must include all necessary details at the time of filing. Incomplete submissions may delay the process.
  7. Affidavits of publication are optional. The affidavits are a required part of the submission. They confirm that you have published the necessary notices in designated newspapers.
  8. Signature requirements are flexible. The form must be signed by an authorized person, and if signed by an attorney-in-fact, their authority must be clearly stated.
  9. There is no deadline for filing. While there may not be a strict deadline, timely filing is crucial to ensure compliance with state regulations and avoid penalties.

By addressing these misconceptions, you can approach the filing of the DOS 1710 form with greater confidence and clarity. Always consider consulting with a legal professional for tailored advice specific to your situation.

Key takeaways

Filling out and using the New York DOS 1710 form requires careful attention to detail. Below are key takeaways that provide guidance on the process.

  • Purpose of the Form: The DOS 1710 form serves as a certificate of publication for foreign professional service limited liability companies in New York.
  • Required Information: Essential details include the name of the company, any previous names, and the date the application for authority was filed.
  • Affidavits of Publication: This form must be accompanied by affidavits from newspapers that published the required notices, confirming compliance with the law.
  • Filing Fee: A $50 filing fee is required when submitting the DOS 1710 form to the Department of State.
  • Signature Requirement: The form must be signed by a member, manager, or authorized person. If signed by an attorney-in-fact, their name and title must also be included.
  • Legal Guidance: While using the DOS 1710 form is recommended, individuals may also draft their own forms. However, it is advisable to seek assistance from an attorney for legal documents.