https://buffalonews.com/news/local/supporters-of-the-llc-transparency-act-upset-by-hochul-weakening-law/article_a044eeec-a342-11ee-a500-7f9838b6034d.html
Gov. Kathy
Hochul signed into law this week legislation designed to make limited
liability companies more transparent, much to the chagrin of supporters
who opposed Hochul’s cutting from the bill a searchable public database
with LLC ownership information.
The
amended LLC Transparency Act will now reveal only to law enforcement
officials and government agencies the identities of owners of LLCs to
help them prevent unlawful activity, including wage theft, money
laundering and tenant mistreatment.
“For
far too long, bad actors have been protected by the loose disclosure
requirements of LLC ownership,” Hochul said. “The new LLC Transparency
Act will give law enforcement and state regulators the tools they need
to hold bad actors accountable.”
Sponsored
by Assemblywoman Emily Gallagher and Sen. Brad Hoylman-Sigal, the bill
is expected to help curtail money laundering in Manhattan’s high-end
residential real estate market by revealing ownership details and
promoting transparency. The bill was also supported by some district
attorneys, and a coalition of tenants’ rights, social justice, labor
unions and watchdog groups, as well as the government-reform group
Reinvent Albany. But New York
City’s real estate industry, which is a major campaign donor to Hochul
and other top state politicians, opposed letting the public know the
identity of LLC owners.
Citing privacy
concerns, Hochul issued a “chapter amendment” that the Legislature’s
leaders approved, which will keep the database of LLC owners from the
public.
“The
core element of the LLC Transparency Act was the public database of the
owners of limited liability companies,” said John Kaehny, the executive
director of Reinvent Albany.
“Without
a public database of LLC owners, the public will never know if LLC
owners are following the law or the state of New York is enforcing it,”
said Kaehny.
While talking to The Buffalo News last week, Kaehny had expressed concerns over Hochul possibly amending the bill.
“It will be extremely hard from the outside to be able to monitor the progress because it’s a private database,” he said.
If
Hochul had not issued the chapter amendment, New York would have been
the first state to require public disclosure of the owners of LLCs, in
addition to making the information available to government agencies.
“We think that New York had a big chance to do something right here and the governor squandered that opportunity,” Kaehny said.