Homepage Blank New York Dos 1710 Form
Outline

The New York DOS 1710 form serves as a crucial document for foreign professional service limited liability companies (LLCs) seeking to establish their presence in the state. This certificate of publication is mandated under Section 1306 of the Limited Liability Company Law, which outlines the requirements for notifying the public of the company's existence. The form requires the name of the foreign LLC, along with any previous names if applicable, and the fictitious name it intends to use in New York. Additionally, it includes a declaration that the published notices, as outlined in the accompanying affidavits, meet all legal requirements. The form must be signed by an authorized individual, such as a member or manager, and it must be accompanied by a $50 filing fee. It is important to note that while the DOS 1710 form is provided by the New York State Department of State, companies have the option to draft their own certificate or use alternative forms available in legal stationery stores. However, the Department of State recommends seeking legal guidance to ensure compliance with all regulations.

Sample - 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-

 

Form Information

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 is used to certify the publication of a foreign professional service limited liability company.
Filing Fee A filing fee of $50 is required when submitting this form to the Department of State.
Signature Requirements The form must be signed by a member, manager, authorized person, or attorney-in-fact of the company.
Affidavits Requirement Affidavits of publication from newspapers must be annexed to the certificate of publication.
Address for Submission The form must be submitted to the New York State Department of State at One Commerce Plaza, Albany, NY.
Change of Name If the company's name has changed, the previous name must also be included on the form.
Fictitious Name If applicable, the fictitious name under which the company operates in New York should be noted.
Preparation Guidance It is recommended that legal documents be prepared under the guidance of an attorney.
Form Availability This form is provided by the New York State Department of State, but you may draft your own if preferred.

Detailed Guide for Filling Out New York Dos 1710

Completing the New York DOS-1710 form is an important step for foreign professional service limited liability companies. This form requires specific information and must be filed correctly to ensure compliance with state regulations. Below are the steps to fill out the form accurately.

  1. Obtain the New York DOS-1710 form from the New York State Department of State website or a legal stationery store.
  2. In the first section, enter the Name of Foreign Professional Service Limited Liability Company.
  3. Identify your title in the space provided (e.g., member, manager, authorized person, or attorney-in-fact).
  4. If the company name has changed, provide the previous name under which it was authorized.
  5. If applicable, fill in the fictitious name the company will use in New York.
  6. Indicate the date when the application for authority was filed by the Department of State.
  7. Confirm that the published notices in the attached affidavits contain all required information as per Section 1306 of the Limited Liability Company Law.
  8. Ensure the newspapers listed in the affidavits meet the legal requirements set forth in the Limited Liability Company Law.
  9. Sign and date the form. If signed by an attorney-in-fact, include the name and title of the person represented.
  10. Complete the section for the person filing the form, including their name, mailing address, city, state, and ZIP code.
  11. Attach the affidavits of publication to the form.
  12. Prepare a $50 filing fee payable to the Department of State.

After completing the form, it is essential to submit it along with the required affidavits and payment to the New York State Department of State. Ensuring all information is accurate will help avoid delays in processing.

Obtain Answers on New York Dos 1710

  1. What is the New York DOS 1710 form?

    The New York DOS 1710 form is a certificate of publication for a foreign professional service limited liability company. It is required under Section 1306 of the Limited Liability Company Law. This form confirms that the company has published its notice in designated newspapers as mandated by New York law.

  2. Who needs to file the DOS 1710 form?

    Any foreign professional service limited liability company that wishes to operate in New York must file this form. If the company has published the required notices in local newspapers, it must complete and submit the DOS 1710 form to the New York State Department of State.

  3. What information is required on the DOS 1710 form?

    The form requires several key pieces of information, including:

    • The name of the foreign professional service limited liability company.
    • The title of the person signing the form.
    • Any previous names the company was authorized under.
    • The fictitious name, if applicable.
    • The date the application for authority was filed.
    • A certification that the published notices meet the legal requirements.

  4. How much does it cost to file the DOS 1710 form?

    Filing the DOS 1710 form requires a fee of $50. This payment should be made payable to the New York State Department of State when submitting the form.

  5. Can I use my own form instead of the DOS 1710?

    Yes, you can draft your own form or use forms from legal stationery stores. However, the New York State Department of State recommends that legal documents be prepared with the guidance of an attorney to ensure compliance with all legal requirements.

  6. What happens if the information on the DOS 1710 form is incorrect?

    If any information on the DOS 1710 form is incorrect, it could lead to delays in processing or potential legal issues for the company. It is important to verify all information before submission to avoid complications.

  7. Who can sign the DOS 1710 form?

    The form must be signed by a member, manager, authorized person, or an attorney-in-fact. If an attorney-in-fact signs the form, their name and the title of the person they are representing must be included.

  8. What should be included with the DOS 1710 form when filing?

    When filing the DOS 1710 form, you must include the affidavits of publication from the newspapers that published the notices. These affidavits confirm that the company has fulfilled its publication requirements as outlined in the Limited Liability Company Law.

Common mistakes

Filling out the New York DOS 1710 form can be straightforward, but common mistakes can lead to delays or rejections. One frequent error is failing to include the correct name of the foreign professional service limited liability company. This name must match exactly with the name under which the company was authorized. If there are discrepancies, the application may be deemed invalid.

Another common mistake is neglecting to provide the required signatures. The form must be signed by a member, manager, authorized person, or attorney-in-fact. If an attorney-in-fact signs, it is essential to include their name and title along with the name of the person they represent. Omitting this information can result in processing issues.

Many individuals also overlook the importance of including the date on the form. This detail is crucial as it establishes the timeline for the application. Without a date, the Department of State may not be able to process the application efficiently, leading to unnecessary delays.

Additionally, failing to attach the necessary affidavits of publication is a significant oversight. The DOS 1710 form must be accompanied by these affidavits, which confirm that the required notices were published in the appropriate newspapers. If these documents are missing, the application will not be accepted.

Lastly, applicants sometimes forget to include the $50 filing fee. This fee must be paid to the Department of State and is a requirement for processing the application. Applications submitted without the correct payment will be returned, causing further delays in the publication process.

Documents used along the form

The New York DOS 1710 form is essential for foreign professional service limited liability companies (LLCs) to certify their publication in local newspapers. However, it is often accompanied by other important documents that help complete the filing process. Here are four commonly used forms and documents that may be needed alongside the DOS 1710.

  • Affidavit of Publication: This document serves as proof that the required notices were published in designated newspapers. It must detail the dates and names of the newspapers in which the publication occurred, ensuring compliance with state law.
  • Application for Authority: Before submitting the DOS 1710, the foreign professional service LLC must file this application. It requests permission to operate in New York and provides necessary details about the company, including its name and address.
  • Certificate of Good Standing: Often required by the state, this certificate verifies that the foreign LLC is legally registered and in good standing in its home state. It reassures the New York authorities of the company’s legitimacy.
  • Fictitious Name Registration: If the LLC intends to operate under a name different from its registered name, it must file this registration. This document ensures that the fictitious name is recognized legally in New York.

Each of these documents plays a vital role in ensuring that a foreign professional service LLC complies with New York's legal requirements. Proper preparation and submission of these forms can help streamline the process and avoid potential delays.

Similar forms

  • Certificate of Formation: Similar to the DOS 1710, this document establishes a foreign entity's existence in New York. It includes basic information about the company, such as its name and address.
  • Certificate of Authority: This document allows a foreign corporation to conduct business in New York. Like the DOS 1710, it requires information about the company and must be filed with the Department of State.
  • Certificate of Good Standing: This certifies that a business is legally registered and compliant with state regulations. It shares the purpose of verifying a company's legal status, similar to the DOS 1710's verification of publication.
  • Affidavit of Publication: This document confirms that a company has met publication requirements. It is a key component of the DOS 1710, as the form references the affidavits attached to it.
  • Operating Agreement: While not a filing requirement, this internal document outlines the management structure of a limited liability company. It complements the DOS 1710 by defining how the company operates.
  • Annual Report: This document provides updated information about a business's status and operations. Similar to the DOS 1710, it ensures compliance with state regulations and keeps the state informed.
  • Bylaws: For corporations, bylaws govern the internal management of the company. Like the DOS 1710, they establish formal procedures and responsibilities, ensuring proper governance.

Dos and Don'ts

When filling out the New York DOS 1710 form, it's important to keep certain guidelines in mind to ensure the process goes smoothly. Below are some dos and don'ts to help you navigate the form effectively.

  • Do provide accurate information about your foreign professional service limited liability company, including its correct name and any fictitious names.
  • Do ensure that the form is signed by an authorized person, such as a member or manager, to validate the submission.
  • Do include the date of the application for authority as filed by the Department of State.
  • Do attach the affidavits of publication to the certificate before submission.
  • Don't forget to pay the $50 filing fee, as the form will not be processed without it.
  • Don't leave out any required information, as incomplete forms may lead to delays.
  • Don't use a name for the company that is not in compliance with New York State regulations.
  • Don't submit the form without reviewing it for accuracy and completeness.

By following these guidelines, you can help ensure that your filing is successful and that your company remains in good standing with the state.

Misconceptions

Here are five common misconceptions about the New York DOS 1710 form:

  • It's mandatory to use the DOS 1710 form. Many believe that using this specific form is required. In reality, you can draft your own document or use forms from legal stationery stores. However, it’s wise to consult an attorney for legal documents.
  • Filing the form is the only step needed for publication. Some think that submitting the DOS 1710 form is enough. You must also include the affidavits of publication from the newspapers where you published your notice.
  • There's no filing fee associated with the form. People often assume that filing the DOS 1710 is free. In fact, there is a $50 filing fee that must be paid to the Department of State when you submit the form.
  • Only the owner can sign the form. It’s a common belief that only the owner of the business can sign the DOS 1710. In truth, the form can also be signed by a member, manager, authorized person, or an attorney-in-fact.
  • The form can be submitted without any supporting documents. Some individuals think they can submit the DOS 1710 alone. However, you must attach the affidavits of publication to the form for it to be valid.

Key takeaways

Filling out and using the New York DOS 1710 form is a crucial step for foreign professional service limited liability companies. Here are key takeaways to ensure a smooth process:

  • Understand the Purpose: The DOS 1710 form certifies the publication of your company’s name as required by New York law.
  • Identify Required Information: You must provide the name of your foreign professional service limited liability company and any previous names if applicable.
  • Fictitious Names: If your company uses a fictitious name in New York, include it on the form.
  • Affidavits of Publication: Attach the affidavits of publication from the newspapers that published your notices. This is essential for compliance.
  • Filing Fee: A $50 filing fee is required. Ensure this payment is made 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, include their details.
  • Submission Method: You can submit the completed form by mail or in person to the New York State Department of State.
  • Legal Guidance: It is advisable to consult an attorney when preparing legal documents to avoid potential pitfalls.
  • Keep Copies: Retain copies of the completed form and all attachments for your records.

Being thorough and accurate while filling out the DOS 1710 form can save time and prevent complications in your business operations. Act promptly to ensure compliance with New York regulations.