§ 919 — Registration process

New York § 919

• Jurisdiction: New York
• Law LAB: Labor
• Art. 31: New York Professional Employer Act

Text

§ 919. Registration process. 1. Except as otherwise provided in this\nsection, each professional employer organization required to be\nregistered under this article shall provide the department with\ninformation required by the department on forms that the department\nspecifies. At a minimum, professional employer organizations shall\nprovide the following information:\n (a) The name or names under which it conducts business;\n (b) The address of the principal place of business of the professional\nemployer organization and the address of each office it maintains in\nthis state;\n (c) The professional employer organization's taxpayer or employer\nidentification number;\n (d) A list by jurisdiction of each name under which the professional\nemployer organization has operated in the preceding five years,\nincluding any alternative names, names of predecessors and, if known,\nsuccessor business entities; and\n (e) In the event the professional employer organization or the\nultimate parent of a professional employer organization group is a\nprivately or closely held company, the professional employer\norganization or professional employer organization group shall file a\nlist of all persons or entities that own a five percent or greater\ninterest in the professional employer organization at the time of\napplication and a list of persons who formerly owned a five percent or\ngreater interest in the professional employer organization or its\npredecessors in the preceding five years. In the event the professional\nemployer organization or the ultimate parent of a professional employer\norganization group is a publicly traded company, the professional\nemployer organization or professional employer organization group shall\nfile a list of all persons or entities that own a fifty percent or\ngreater interest in the professional employer organization or the\nultimate parent of the professional employer organization group at the\ntime of application.\n 2. Each professional employer organization operating within this state\nshall complete its initial registration within one hundred eighty days\nafter the end of the professional employer organization's fiscal year\nending after the effective date of this article.\n 3. Within one hundred eighty days after the end of the professional\nemployer organization's fiscal year, each registrant shall renew its\nregistration by notifying the department of any changes in the\ninformation previously provided pursuant to this section.\n 4. Two or more professional employer organizations that are majority\nowned by the same ultimate parent, entity or persons may be registered\nas a professional employer organization group. A professional employer\norganization group may satisfy any reporting and financial requirements\nof this article on a consolidated basis. As a condition of registration\nas a professional employer organization group, each company that is a\nmember of the group shall guarantee payment of all financial obligations\nof each other member.\n 5. A professional employer organization shall be exempt from the\nregistration requirements specified in this section if such professional\nemployer organization:\n (a) submits a properly executed request for registration and exemption\non a form provided by the department;\n (b) is domiciled outside this state and is licensed or registered as a\nprofessional employer organization in another state that has the same or\ngreater requirements as this article;\n (c) does not maintain an office in this state or solicit in any manner\nclients located or domiciled within this state; and\n (d) does not have more than twenty-five worksite employees in this\nstate.\n 6. The registration and exemption of a professional employer\norganization under subdivision five of this section shall be valid for\none year.\n 7. The department shall maintain a list of professional employer\norganizations registered under this article.\n 8. The department may prescribe forms necessary to promote the\nefficient administration of this section.\n