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A07223 Summary:

BILL NOA07223
 
SAME ASSAME AS S02555
 
SPONSORBichotte Hermelyn
 
COSPNSR
 
MLTSPNSR
 
Amd §2897, Pub Auth L
 
Requires explanatory statements regarding disposal of property to include the names of all beneficial owners.
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A07223 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7223
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                     March 21, 2025
                                       ___________
 
        Introduced  by  M.  of A. BICHOTTE HERMELYN -- read once and referred to
          the Committee on Corporations, Authorities and Commissions
 
        AN ACT to amend the public authorities law, in relation to  requirements
          for explanatory statements regarding disposal of property
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Paragraph d of subdivision 6 of section 2897 of the  public
     2  authorities law is amended by adding a new subparagraph (iii) to read as
     3  follows:
     4    (iii)  Each  such  statement shall include the names of all beneficial
     5  owners of the entity to which the property is being transferred. For the
     6  purposes of this subparagraph, "beneficial owner" shall mean an individ-
     7  ual who, directly or  indirectly,  through  any  contract,  arrangement,
     8  understanding, relationship or otherwise, owns any equity interest of an
     9  entity,  and/or  has  a level of control over the funds or assets of the
    10  entity that, as a practical matter, enables the individual, directly  or
    11  indirectly,  to  control, manage or direct the entity and the use of its
    12  funds and assets or any part thereof.
    13    § 2. Subparagraphs (v) and (vi) of paragraph b  of  subdivision  7  of
    14  section  2897  of the public authorities law, as added by chapter 506 of
    15  the laws of 2009, are amended and a new subparagraph (vii) is  added  to
    16  read as follows:
    17    (v)  the  names  of any private parties participating in the transfer,
    18  and if different than the statement required  by  subparagraph  (iv)  of
    19  this paragraph, a statement of the value to the private party; [and]
    20    (vi)  the  names  of  other private parties who have made an offer for
    21  such asset, the value offered, and the purpose for which the  asset  was
    22  sought to be used[.]; and
    23    (vii)  the  names  of all beneficial owners of the entity to which the
    24  property is being transferred. For the purposes  of  this  subparagraph,
    25  "beneficial owner" shall mean an individual who, directly or indirectly,
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05205-01-5

        A. 7223                             2
 
     1  through any contract, arrangement, understanding, relationship or other-
     2  wise,  owns  any  equity  interest  of  an entity, and/or has a level of
     3  control over the funds or assets of the  entity  that,  as  a  practical
     4  matter,  enables  the  individual,  directly  or indirectly, to control,
     5  manage or direct the entity and the use of its funds and assets  or  any
     6  part thereof.
     7    §  3.  This  act  shall  take  effect  immediately  and shall apply to
     8  disposals and contracts for disposal of property  occurring  or  entered
     9  into on or after such date.
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