- New York is a disclosure jurisdiction.
- New York does not accept the Uniform Application to Register Securities (Form U1), and does not allow for electronic signatures of forms.
- Registration requires state-specific forms.
Tier 1 requires filing or delivery of:
- Investor Protection: M-11 registration form
- Real Estate Finance: M-11 or applications under Policy Statement (“PS”) 102, PS 104 or General Business Law (“GBL”) §359(f)(2)
Tier 2 requires filing or delivery of:
- Form 99
Tier 1 and Tier 2 requirements include:
- Filing fee
- Financial statements
- A Consent to Service of Process (Form U2)
- State Notice and Further State Notice
New York collects a variable fee.
- M-11 if the offering is less than $500,000, the fee is $300. If the total offering amount is $500,000 or more, the fee is $1,200.
- PS 102 is 2/10 of 15% of total offering price with $750 minimum for a total offering price under $250,000 and $30,000 maximum fee for a total offering price of $15,000,000 or more.
- PS 104 and GBL §359(f)(2) is $300.
- Form 99
- Investor Protection if the offering is less than $500,000, the fee is $300. If the total offering amount is $500,000 or more, the fee is $1,200.
- Real Estate if offering is less than $500,000, the fee is $1,050. If the total offering amount is $500,000 or more, the fee is $1,950.
- Fees should be made payable to “New York State Department of Law.” Payments should be made to the following address depending on the Bureau:
Mailing Address: | Courier Address: |
Investor Protection Bureau or Real Estate Finance Bureau 28 Liberty St., 21st Floor New York, NY 10005 |
Investor Protection Bureau or Real Estate Finance Bureau 28 Liberty St., 21st Floor New York, NY 10005 |
- For additional information, please visit the Attorney General’s website at www.ag.ny.gov or contact 800-777-7755.