Section 919. Registration process  


Latest version.
  • 1. Except as otherwise provided in this
      section,  each  professional  employer  organization  required   to   be
      registered   under  this  article  shall  provide  the  department  with
      information required by the department  on  forms  that  the  department
      specifies.  At  a  minimum,  professional  employer  organizations shall
      provide the following information:
        (a) The name or names under which it conducts business;
        (b) The address of the principal place of business of the professional
      employer organization and the address of each  office  it  maintains  in
      this state;
        (c)  The  professional  employer  organization's  taxpayer or employer
      identification number;
        (d) A list by jurisdiction of each name under which  the  professional
      employer   organization  has  operated  in  the  preceding  five  years,
      including any alternative names, names of predecessors  and,  if  known,
      successor business entities; and
        (e)  In  the  event  the  professional  employer  organization  or the
      ultimate parent of a  professional  employer  organization  group  is  a
      privately   or   closely   held   company,   the  professional  employer
      organization or professional employer organization group  shall  file  a
      list  of  all  persons  or  entities  that own a five percent or greater
      interest in the  professional  employer  organization  at  the  time  of
      application  and  a list of persons who formerly owned a five percent or
      greater interest  in  the  professional  employer  organization  or  its
      predecessors  in the preceding five years. In the event the professional
      employer organization or the ultimate parent of a professional  employer
      organization  group  is  a  publicly  traded  company,  the professional
      employer organization or professional employer organization group  shall
      file  a  list  of  all  persons  or entities that own a fifty percent or
      greater interest  in  the  professional  employer  organization  or  the
      ultimate  parent  of the professional employer organization group at the
      time of application.
        2. Each professional employer organization operating within this state
      shall complete its initial registration within one hundred  eighty  days
      after  the  end  of the professional employer organization's fiscal year
      ending after the effective date of this article.
        3. Within one hundred eighty days after the end  of  the  professional
      employer  organization's  fiscal  year,  each registrant shall renew its
      registration  by  notifying  the  department  of  any  changes  in   the
      information previously provided pursuant to this section.
        4.  Two  or more professional employer organizations that are majority
      owned by the same ultimate parent, entity or persons may  be  registered
      as  a  professional employer organization group. A professional employer
      organization group may satisfy any reporting and financial  requirements
      of  this article on a consolidated basis. As a condition of registration
      as a professional employer organization group, each company  that  is  a
      member of the group shall guarantee payment of all financial obligations
      of each other member.
        5.  A  professional  employer  organization  shall  be exempt from the
      registration requirements specified in this section and  from  the  fees
      specified  in  section  nine  hundred  twenty  of  this  article if such
      professional employer organization:
        (a) submits a properly executed request for registration and exemption
      on a form provided by the department;
        (b) is domiciled outside this state and is licensed or registered as a
      professional employer organization in another state that has the same or
      greater requirements as this article;
    
        (c) does not maintain an office in this state or solicit in any manner
      clients located or domiciled within this state; and
        (d)  does  not  have  more than twenty-five worksite employees in this
      state.
        6.  The  registration  and  exemption  of  a   professional   employer
      organization  under  subdivision five of this section shall be valid for
      one year. Each de minimis registrant shall pay to  the  department  upon
      initial  registration,  and  upon  each  annual  renewal  thereafter,  a
      registration fee in the amount of two hundred fifty dollars.
        7. The department shall  maintain  a  list  of  professional  employer
      organizations registered under this article.
        8.  The  department  may  prescribe  forms  necessary  to  promote the
      efficient administration of this section.