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New York to limited liability entities: publish or perish

19/07/2006Source: Nixon Peabody LLP. By Jennifer Arterburn 

Click here for the latest news, views and interviews in the clean energy investor communityAfter June 1, 2006 suspension of operations will be the penalty for any limited liability entity that fails to publish information about itself in two newspapers after formation. Importantly, the law applies to limited liability entities that are either formed under New York law or qualified to do business in New York. Failure to comply with the new publication requirement may leave owners of such entities open to potential liability.

The new law also forces limited liability entities to be more open about their ownership. In addition to basic information that limited liability entities are already required to disclose, after June 1 they will also have to include the names of the 10 active members with the most valuable interests in the company. As a result, a general partner of a private equity fund could be required to disclose the names of the fund's limited partners with the biggest stakes. In addition, if the general partner itself is organized as a limited liability entity, as most are, the same rules would apply to it.

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Nixon Peabody LLP is one of the largest multipractice law firms in the United States, with offices in fourteen cities and more than six hundred attorneys collaborating across fifteen major practice areas. The firm's size, diversity, and state-of-the-art information systems enable it to offer a comprehensive, integrated range of legal services to individuals and organizations of all sizes in local, state, national, and international matters.

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