New York regulations

Title 19 Part 155

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19 NYCRR 155.1 - Introduction

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Pursuant to various laws, including the Business Corporation Law, the Not-for-Profit Corporation Law, and the General Business Law, filings are made in the Department of State Division of Corporations and State Records from which the department extracts certain information which it compiles and maintains in computerized information systems. Aggregations of the data so maintained will be provided in accordance with this Part.

19 NYCRR 155.2 - Products

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The Department of State will contract to sell from the contents of its information systems various aggregations of data as denominated by the department. The department will further contract to sell by subscription update services for selected aggregations. The aggregate data and updates will be provided on media and in a format more completely described in a Department of State manual to be specified in the contract. The particular set of data constituting a given denominated aggregation or update also will be specified in the contract.

19 NYCRR 155.3 - Prices

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(a)Aggregate data.

The price of the aggregate data denominated “Corporations and Organizations” without update service is $7,500, payable in advance by certified funds. The price of the aggregate data with update service is $16,500 for the initial quarter or part thereof and $9,000 for each subsequent quarter, payable in advance by certified funds. Payment for the initial quarter shall be due upon approval of the contract and for subsequent quarters on or before each January 1st, April 1st, July 1st, and October 1st. Delivery by the department of the aggregate data need be made, and update service need commence, only at the beginning of the department' s quarterly production cycle.

(b)Bulk requests.

The price for 100 records or more but less than the aggregate data denominated “Corporations and Organizations” is $100 plus 10 cents for each record in excess of 100. For the purposes of this section, a record means all of the filings by one entity.

19 NYCRR 155.4 - Limitations

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(a)An aggregation is not an official record of the Department of State. Certification of the information contained in an aggregation may be had only from the Department of State. The data is provided for information only. The purchaser or subscriber shall not represent that the information is an official record and shall make any statements and disclosures required by the contract with respect to such information.
(b)All corporations data supplied in accordance with this Part is provided on an “as is” basis. With respect to the purchase by and delivery to the purchaser or subscriber, and the purchaser's or subscriber's receipt, possession and use, sale, resale or transfer of the corporations data in any manner whatsoever, the department and the State of New York make no warranties, guarantees or representations of any kind, whether express or implied, or arising by custom or trade usage as to any matter whatsoever, without limitation, and specifically make no implied warranty of merchantability, fitness for any particular purpose or use, including but not limited, to adequacy, accuracy, correctness, completeness, currentness, reliability or conformity to any representation, description, sample or model, except that the department warrants solely that the corporations data initial and quarterly editions are reproductions of the same information then currently maintained by it in its information system.
(c)Without limiting subdivision (b) of this section, the department or the State of New York shall not be liable, in whole or in part, for any errors, omissions, or losses, including but not limited to loss of business opportunity, loss of profits or revenues, loss of data, loss of use or injury to persons or property, claims, liabilities, costs or damages, of any kind whatsoever, including but not limited to actual direct, indirect, special, consequential, incidental, punitive or other damages resulting from, caused by, or arising in connection with the purchase by and delivery to purchaser or subscriber, and the purchaser's or subscriber's possession, use or inability of use, sale, resale, or transfer, in any manner whatsoever, even if the department or the State of New York has been advised of the possibility of such errors, omissions, losses, injuries, claims, liabilities, costs, or other damages.

19 NYCRR 155.5 - Limited access

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Any person may establish an account with the Department of State and thereafter may have on- line access to certain contents of the information systems on a transaction basis. For purposes of this section, a transaction is access to the index of records on file in the Division of Corporations pertaining to a given organization. The charge per transaction shall be 75 cents.

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