N.Y. Labor Law § 919: Registration process

§ 919. Registration process. 1. Except as otherwise provided in this

section, each professional employer organization required to be

registered under this article shall provide the department with

information required by the department on forms that the department

specifies. At a minimum, professional employer organizations shall

provide the following information:

(a) The name or names under which it conducts business;

(b) The address of the principal place of business of the professional

employer organization and the address of each office it maintains in

this state;

(c) The professional employer organization's taxpayer or employer

identification number;

(d) A list by jurisdiction of each name under which the professional

employer organization has operated in the preceding five years,

including any alternative names, names of predecessors and, if known,

successor business entities; and

(e) In the event the professional employer organization or the

ultimate parent of a professional employer organization group is a

privately or closely held company, the professional employer

organization or professional employer organization group shall file a

list of all persons or entities that own a five percent or greater

interest in the professional employer organization at the time of

application and a list of persons who formerly owned a five percent or

greater interest in the professional employer organization or its

predecessors in the preceding five years. In the event the professional

employer organization or the ultimate parent of a professional employer

organization group is a publicly traded company, the professional

employer organization or professional employer organization group shall

file a list of all persons or entities that own a fifty percent or

greater interest in the professional employer organization or the

ultimate parent of the professional employer organization group at the

time of application.

2. Each professional employer organization operating within this state

shall complete its initial registration within one hundred eighty days

after the end of the professional employer organization's fiscal year

ending after the effective date of this article.

3. Within one hundred eighty days after the end of the professional

employer organization's fiscal year, each registrant shall renew its

registration by notifying the department of any changes in the

information previously provided pursuant to this section.

4. Two or more professional employer organizations that are majority

owned by the same ultimate parent, entity or persons may be registered

as a professional employer organization group. A professional employer

organization group may satisfy any reporting and financial requirements

of this article on a consolidated basis. As a condition of registration

as a professional employer organization group, each company that is a

member of the group shall guarantee payment of all financial obligations

of each other member.

5. A professional employer organization shall be exempt from the

registration requirements specified in this section if such professional

employer organization:

(a) submits a properly executed request for registration and exemption

on a form provided by the department;

(b) is domiciled outside this state and is licensed or registered as a

professional employer organization in another state that has the same or

greater requirements as this article;

(c) does not maintain an office in this state or solicit in any manner

clients located or domiciled within this state; and

(d) does not have more than twenty-five worksite employees in this

state.

6. The registration and exemption of a professional employer

organization under subdivision five of this section shall be valid for

one year.

7. The department shall maintain a list of professional employer

organizations registered under this article.

8. The department may prescribe forms necessary to promote the

efficient administration of this section.