Exempt New York LLCs still file an attestation
Exempt status changes what the LLC submits. It does not create a no-filing category under New York’s transparency article.
What the official record says
LLC Law §1106 ties “reporting company” and “exempt company” to the federal definitions in 31 U.S.C. §5336, while limiting the New York article to LLCs formed or authorized in the state. Section 1107(b) requires an exempt company to state the exemption and factual basis in the Department of State’s designated form. Section 1107(d) gives a newly formed or newly authorized exempt company 30 days after the initial filing to submit that attestation.
What to check on the document
Start with ownership and regulated status rather than the company name or industry alone. A familiar exemption label does not answer every edge case.
- Identify the exact federal statutory exemption the LLC believes it matches.
- Write the company facts that support each element without sending sensitive owner data to us.
- Record the articles-of-organization or authority filing date that starts the New York deadline.
How to use the result
The worksheet quotes the relevant exemption text and puts your facts beside it. If a required element is unclear, the worksheet marks that question for counsel instead of declaring the LLC exempt. The owner then completes the DOS form and attests to it. Section 1107 also places exempt companies under the annual statement requirement, so keep the filed attestation and calendar the next confirmation.
The worksheet maps the facts you provide to the words of LLC Law §1107 and marks any grey box for counsel. It does not decide a hard legal question. The filing belongs in the Department of State portal under the LLC owner’s control, with sensitive owner fields completed there rather than sent to us.
Operated by Reality Contact, LLC. Reality Contact, LLC is not a law firm and this is not legal advice. We do not file with DOS; you file. We collect no ID numbers, dates of birth, or home addresses.