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The New York DOS 1710 form serves as a crucial document for foreign professional service limited liability companies (LLCs) seeking to operate in the state. This certificate of publication is a requirement under Section 1306 of the Limited Liability Company Law, ensuring that these entities fulfill their legal obligations regarding public notice. The form captures essential information, including the name of the foreign professional service LLC, any changes to that name, and the fictitious name if applicable. It also requires details about the application for authority, including the date it was filed with the Department of State. Importantly, the form must be accompanied by affidavits of publication from newspapers, confirming that the required notices have been published in compliance with state law. The document must be signed by an authorized person, such as a member or manager, and includes a certification statement affirming the truth of the information provided. A $50 filing fee is also necessary for submission. While the New York State Department of State provides this form, businesses have the option to draft their own or use other available templates, although legal guidance is recommended to ensure compliance with all requirements.

Similar forms

The New York DOS 1710 form is a crucial document for foreign professional service limited liability companies that need to certify their publication requirements. Several other documents share similarities with this form in terms of purpose, structure, and the information required. Below is a list of nine such documents, each with an explanation of how they relate to the DOS 1710 form.

  • Certificate of Formation (DOS-1239): This document is the foundational filing for establishing a limited liability company in New York. Like the DOS 1710, it requires specific information about the company and must be filed with the Department of State.
  • Certificate of Amendment (DOS-1246): When a limited liability company needs to change its name or structure, it files this document. Similar to the DOS 1710, it must be signed by authorized individuals and submitted to the Department of State.
  • Certificate of Authority (DOS-1361): This form allows a foreign entity to conduct business in New York. Both documents require details about the company and must be filed with the Department of State, ensuring compliance with state laws.
  • Certificate of Good Standing: This document verifies that a company is legally registered and compliant with state requirements. Like the DOS 1710, it serves as proof of a company's status and is often required for various business activities.
  • Application for Authority (DOS-1361): This application is necessary for foreign entities seeking to operate in New York. It shares similarities with the DOS 1710 in that it requires detailed company information and must be filed with the Department of State.
  • Notice of Change of Address (DOS-1336): When a company changes its address, this notice must be filed. Both the notice and the DOS 1710 require accurate information about the company and its representatives.
  • Annual Report (DOS-2000): This document is filed annually to maintain a company’s good standing in New York. Like the DOS 1710, it requires updated information about the company and its activities.
  • Application for a DBA (Doing Business As): If a company wants to operate under a different name, it must file this application. Both the DBA application and the DOS 1710 require details about the company and its authorized representatives.
  • Certificate of Dissolution (DOS-1378): When a company decides to cease operations, this document is filed to formally dissolve the entity. Similar to the DOS 1710, it requires signatures from authorized individuals and serves as an official record with the Department of State.

Understanding these documents can provide clarity on the legal requirements for operating a business in New York. Each document plays a specific role in ensuring compliance with state laws and regulations, just like the DOS 1710 form.

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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-

 

Common mistakes

Filling out the New York DOS 1710 form requires careful attention to detail. One common mistake is failing to include the correct name of the foreign professional service limited liability company. This name must match exactly with the name used in the original filing. If there is any discrepancy, it could lead to delays or rejection of the application.

Another frequent error is neglecting to provide the appropriate title of the person signing the certificate. The form specifically asks for the title of the undersigned. Omitting this information can create confusion about who is authorized to submit the document.

People often forget to check if the name of the foreign professional service limited liability company has changed. If a name change has occurred, it is essential to list the previous name under which the company was authorized. This step ensures that the records are accurate and up to date.

In addition, some applicants overlook the requirement to include the date when the application for authority was filed by the Department of State. This date is crucial for tracking the timeline of the application process and ensuring compliance with state laws.

Another mistake involves the affidavits of publication. The form requires that the published notices be attached, and they must contain all necessary information as outlined in Section 1306 of the Limited Liability Company Law. Failing to include these affidavits can result in the application being incomplete.

People sometimes misinterpret the requirements for the newspapers used for publication. The newspapers mentioned in the affidavits must meet specific criteria set forth by the Limited Liability Company Law. If the wrong publications are used, the application may be deemed invalid.

Additionally, applicants may not provide a clear mailing address. This address is important for correspondence related to the application. A missing or incorrect address can lead to miscommunication and delays.

Some individuals also forget to sign the form. The certificate must be signed by a member, manager, authorized person, or attorney-in-fact. If the document is not signed, it will not be processed.

Another oversight occurs when the name and title of the attorney-in-fact are not included if the certificate is signed by someone acting in that capacity. This information is critical for verifying the authority of the person signing the document.

Lastly, applicants sometimes neglect to include the required filing fee of $50. Submitting the form without this payment will result in the rejection of the application. Always double-check that the fee is included to avoid unnecessary delays.

More About New York Dos 1710

  1. What is the New York DOS 1710 form?

    The New York DOS 1710 form is a Certificate of Publication required for foreign professional service limited liability companies (LLCs) that wish to operate in New York State. This form certifies that the company has published its notice in designated newspapers, as mandated by Section 1306 of the Limited Liability Company Law.

  2. Who needs to file the DOS 1710 form?

    Any foreign professional service LLC that has been authorized to conduct business in New York must file the DOS 1710 form. This is applicable if the company has made any changes to its name or is using a fictitious name in the state. The filing ensures compliance with state regulations regarding public notice.

  3. What information is required on the form?

    The form requires several pieces of information, including:

    • The name of the foreign professional service LLC.
    • The title of the person signing the form.
    • Any previous names under which the company was authorized.
    • The fictitious name, if applicable.
    • The date the application for authority was filed with the Department of State.
    • A statement confirming 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 fee must be submitted along with the completed form and the accompanying affidavits of publication. Payments should be made out to the Department of State.

  5. Can I prepare the DOS 1710 form myself?

    Yes, while the New York State Department of State provides the DOS 1710 form for convenience, you are not obligated to use it. You may draft your own form or obtain one from a legal stationery store. However, it is advisable to have legal documents prepared with the guidance of an attorney to ensure compliance with all requirements.

  6. What happens after filing the DOS 1710 form?

    Once the DOS 1710 form is filed along with the affidavits of publication, the New York Department of State will process the submission. If everything is in order, the company will be recognized as having fulfilled its publication requirements, allowing it to operate legally within New York State.

Misconceptions

  • Misconception 1: The DOS 1710 form is mandatory for all businesses.
  • This form specifically applies to foreign professional service limited liability companies. Other business entities may not need to use it.

  • Misconception 2: You cannot create your own version of the form.
  • While the DOS 1710 form is provided for convenience, you are free to draft your own form or use alternatives available in legal stationery stores.

  • Misconception 3: The filing fee is optional.
  • The $50 filing fee is required when submitting the DOS 1710 form along with the affidavits of publication. Skipping this fee will delay processing.

  • Misconception 4: The form can be signed by anyone.
  • The certificate must be signed by a member, manager, authorized person, or attorney-in-fact. This ensures accountability and proper authority.

  • Misconception 5: The affidavits of publication are not necessary.
  • The affidavits are crucial. They provide proof that the required notices were published in the appropriate newspapers.

  • Misconception 6: You don’t need to include the name of the person for whom the attorney-in-fact is acting.
  • If an attorney-in-fact signs the form, it is essential to include the name and title of the person they represent. This maintains clarity in the filing.

  • Misconception 7: The Department of State does not recommend using an attorney.
  • In fact, the Department of State advises that legal documents, including the DOS 1710 form, be prepared with the guidance of an attorney to ensure compliance and accuracy.

Key takeaways

When filling out and using the New York DOS 1710 form, consider the following key takeaways:

  • Purpose of the Form: The DOS 1710 form is used to certify the publication of a foreign professional service limited liability company in New York.
  • Required Information: You must provide the name of the foreign professional service limited liability company and any previous names if applicable.
  • Affidavits of Publication: Attach the affidavits of publication from the newspapers where the notices were published. These documents must meet the requirements outlined in Section 1306 of the Limited Liability Company Law.
  • Filing Fee: A $50 filing fee is required. Make the payment payable to the Department of State.
  • Signature Requirement: The form must be signed by a member, manager, authorized person, or attorney-in-fact. If signed by an attorney-in-fact, include the name of the person they represent.
  • Optional Use: You are not obligated to use the DOS 1710 form. You may create your own document or use other forms from legal stationery stores.
  • Legal Guidance: It is advisable to seek assistance from an attorney when preparing legal documents to ensure compliance with the law.

By following these guidelines, you can navigate the process of completing and submitting the DOS 1710 form effectively.

New York Dos 1710: Usage Guide

Completing the New York DOS 1710 form is a straightforward process, but attention to detail is essential. This form is a critical part of ensuring your foreign professional service limited liability company complies with state regulations. After filling out the form, you will need to submit it along with the required affidavits of publication and a filing fee to the New York State Department of State.

  1. Obtain the Form: Download the DOS 1710 form from the New York State Department of State website or acquire a physical copy.
  2. Company Name: In the first blank, write the name of your foreign professional service limited liability company.
  3. Title of Signatory: Indicate your title in the company (e.g., member, manager, authorized person, or attorney-in-fact).
  4. Previous Name: If applicable, provide the name under which the company was authorized if it has changed.
  5. Fictitious Name: If the company will use a fictitious name in New York, fill in that name in the designated space.
  6. Date of Filing: Enter 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 and meet legal standards.
  8. Signature: Sign and date the form. If an attorney-in-fact is signing, include their name and the title of the person they represent.
  9. Contact Information: Fill in the name, mailing address, city, state, and ZIP code of the person filing the form.
  10. Filing Fee: Prepare a check or money order for $50 made out to the Department of State.
  11. Submission: Attach the completed form to the affidavits of publication and submit everything to the New York State Department of State, Division of Corporations.