NYS Executive Branch updates on Department and Agency Rules that also generally correspond to Financials, Tax and Compliance in the Empire State:
Rule Making
DCarsonCPA.com for Financial Decision Makers with needs on Accounting, Taxes, Financials and Compliance. We follow the important lines of Updates for Financial Decision Makers in the Empire State on Business, Non Profit, Individual and Governance roles with Financials to connect on support services. Driven by knowledge and research. Skilled with hands on experience on Financials for Strategic and Operational support needs. Learn more at www.dcarsoncpa.com .
Tuesday, December 25, 2012
Sunday, October 14, 2012
NYS Agriculture and Markets - Compliance for Retail Food Stores, Food Services and Warehouses
NYS Agriculture and Markets
§ 500. Special powers and duties of the department with respect to retail food stores, food service establishments and food warehouses. 1. Definitions. For the purposes of this section, the following terms shall have the following meanings: (a) "Food service establishment" means any place where food is prepared and intended for individual portion service, and includes the site at which individual portions are provided, whether consumption occurs on or off the premises, or whether or not there is a charge for the food. (b) "Retail food store" means any establishment or section of an establishment where food and food products are offered to the consumer and intended for off-premises consumption. The term does not include establishments which handle only pre-packaged, non-potentially hazardous foods, roadside markets that offer only fresh fruits and fresh vegetables for sale, food service establishments, or food and beverage vending machines. (c) "Zone" means an administratively determined geographic portion of the state to which inspectors are assigned by the department. (d) "Food warehouse" shall mean any food establishment in which food is held for commercial distribution. 2. Each retail food store shall post a copy of the date and results of its most recent sanitary inspection by the department in a conspicuous location near each public entrance, as prescribed by the commissioner. Such copies shall also be made available to the public upon request. 3. (a) The department shall assign at least one retail food specialist to each inspection zone. Such specialists shall assist retail food stores in remedying chronic deficiencies and shall ensure that effective pest control and other sanitary measures are properly implemented. (b) Such specialists shall be given additional training to that normally provided to sanitary inspectors to qualify them for their duties under this section, with particular emphasis on the problems unique to retail food stores and pest control measures. 4. The department shall inspect each retail food store at least once in every twelve month period. Any store that fails two consecutive inspections shall be inspected at least once in every six month period until it has passed two consecutive inspections. In the event that a retail food store fails three consecutive inspections, the department may, in its discretion, order such establishment to cease all retail operation until it passes inspection or suspend or revoke any license issued to such establishment pursuant to article twenty-C of this chapter. 5. Licensure. No person shall maintain or operate a retail food store, food service establishment or food warehouse unless such establishment is licensed pursuant to the provisions of this article, provided, however, that establishments registered, permitted or licensed by the department pursuant to other provisions of this chapter, under permit and inspection by the state department of health or by a local health agency which maintains a program certified and approved by the state commissioner of health, or subject to inspection by the United States department of agriculture pursuant to the federal meat, poultry or egg inspection programs, shall be exempt from licensure under this article. Application for licensure of a retail food store, food service establishment or food warehouse shall be made, upon a form prescribed by the commissioner, on or before December first of every other year for the registration period beginning January first following. Upon submission of a completed application, together with the applicable licensing fee, the commissioner shall license the retail food store, food service establishment or food warehouse described in the
application for two years from the applicable registration commencement period set forth in this section. The licensing fee shall be two hundred fifty dollars provided, however, that food warehouses shall pay a licensing fee of four hundred dollars.
Note: Citation as of 10/14/2012 ALL NYS Laws and Rules subject to change and update
and you must independently confirm as filing or relying.
DCarsonCPA here for Businesses in the Food Services (Restaurant) and Retail Sectors we help on Accounting, Taxes, Compliance, Financial Reporting and more. Please visit us to learn more at www.dcarsoncpa.com .
Friday, August 17, 2012
NYS Tax Statistics 2011
Checking in with New York State Tax Statistics a look back at 2011 - still relevant as 2012 is underway for overall awareness of NYS Taxes. For any State Government Taxation is the Funding arm of the Government to meet the many varied needs of providing services as required by the Consituency through support of Legislation and through the issuance of subsequent executive branch rules from the Departments and Agencies to meet the intent of Legislation through active process of Governance.
Below please find the 2011 NYS Tax Statistics Report:
2010 11 Annual Statistical Report of Ny State Tax Collections
DCarsonCPA.com is your weblink to the practice of Dean T. Carson II, CPA here to support NYS Financial Decision Makers in Government, Industry, Non Profit and Individual roles for immediate needs on services for Financial Decision Makers. We are here to help on immediate needs on Client Services. We also work where we can with information that connects Decision Makers to assist on Services and to help on the Economy (where we can) with knowledge and active research.
Our services include Accounting, Taxes, Financials and related services. Learn more at www.dcarsoncpa.com or e-mail info@dcarsoncpa.com ,
Below please find the 2011 NYS Tax Statistics Report:
2010 11 Annual Statistical Report of Ny State Tax Collections
DCarsonCPA.com is your weblink to the practice of Dean T. Carson II, CPA here to support NYS Financial Decision Makers in Government, Industry, Non Profit and Individual roles for immediate needs on services for Financial Decision Makers. We are here to help on immediate needs on Client Services. We also work where we can with information that connects Decision Makers to assist on Services and to help on the Economy (where we can) with knowledge and active research.
Our services include Accounting, Taxes, Financials and related services. Learn more at www.dcarsoncpa.com or e-mail info@dcarsoncpa.com ,
Sunday, July 29, 2012
NYS Corporations - § 717 Duties of Directors
NYS Corporations Rules:
§ 717. Duty of directors.
(a) A director shall perform his duties as a director, including his duties as a member of any committee of the board upon which he may serve, in good faith and with that degree of care which an ordinarily prudent person in a like position would use under similar circumstances. In performing his duties, a director shall be entitled to rely on information, opinions, reports or statements including financial statements and other financial data, in each case prepared or presented by: (1) one or more officers or employees of the corporation or of any other corporation of which at least fifty percentum of the outstanding shares of stock entitling the holders thereof to vote for the election of directors is owned directly or indirectly by the corporation, whom the director believes to be reliable and competent in the matters presented, (2) counsel, public accountants or other persons as to matters which the director believes to be within such person's professional or expert competence, or (3) a committee of the board upon which he does not serve, duly designated in accordance with a provision of the certificate of incorporation or the by-laws, as to matters within its designated authority, which committee the director believes to merit confidence, so long as in so relying he shall be acting in good faith and with such degree of care, but he shall not be considered to be acting in good faith if he has knowledge concerning the matter in question that would cause such reliance to be unwarranted. A person who so performs his duties shall have no liability by reason of being or having been a director of the corporation.
(b) In taking action, including, without limitation, action which may involve or relate to a change or potential change in the control of the corporation, a director shall be entitled to consider, without limitation, (1) both the long-term and the short-term interests of the corporation and its shareholders and (2) the effects that the corporation's actions may have in the short-term or in the long-term upon any of the following: (i) the prospects for potential growth, development, productivity and profitability of the corporation; (ii) the corporation's current employees; (iii) the corporation's retired employees and other beneficiaries receiving or entitled to receive retirement, welfare or similar benefits from or pursuant to any plan sponsored, or agreement entered into, by the corporation; (iv) the corporation's customers and creditors; and (v) the ability of the corporation to provide, as a going concern, goods, services, employment opportunities and employment benefits and otherwise to contribute to the communities in which it does business. Nothing in this paragraph shall create any duties owed by any director to any person or entity to consider or afford any particular weight to any of the foregoing or abrogate any duty of the directors, either statutory or recognized by common law or court decisions. For purposes of this paragraph, "control" shall mean the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of the corporation, whether through the ownership of voting stock, by contract, or otherwise.
§ 717. Duty of directors.
(a) A director shall perform his duties as a director, including his duties as a member of any committee of the board upon which he may serve, in good faith and with that degree of care which an ordinarily prudent person in a like position would use under similar circumstances. In performing his duties, a director shall be entitled to rely on information, opinions, reports or statements including financial statements and other financial data, in each case prepared or presented by: (1) one or more officers or employees of the corporation or of any other corporation of which at least fifty percentum of the outstanding shares of stock entitling the holders thereof to vote for the election of directors is owned directly or indirectly by the corporation, whom the director believes to be reliable and competent in the matters presented, (2) counsel, public accountants or other persons as to matters which the director believes to be within such person's professional or expert competence, or (3) a committee of the board upon which he does not serve, duly designated in accordance with a provision of the certificate of incorporation or the by-laws, as to matters within its designated authority, which committee the director believes to merit confidence, so long as in so relying he shall be acting in good faith and with such degree of care, but he shall not be considered to be acting in good faith if he has knowledge concerning the matter in question that would cause such reliance to be unwarranted. A person who so performs his duties shall have no liability by reason of being or having been a director of the corporation.
(b) In taking action, including, without limitation, action which may involve or relate to a change or potential change in the control of the corporation, a director shall be entitled to consider, without limitation, (1) both the long-term and the short-term interests of the corporation and its shareholders and (2) the effects that the corporation's actions may have in the short-term or in the long-term upon any of the following: (i) the prospects for potential growth, development, productivity and profitability of the corporation; (ii) the corporation's current employees; (iii) the corporation's retired employees and other beneficiaries receiving or entitled to receive retirement, welfare or similar benefits from or pursuant to any plan sponsored, or agreement entered into, by the corporation; (iv) the corporation's customers and creditors; and (v) the ability of the corporation to provide, as a going concern, goods, services, employment opportunities and employment benefits and otherwise to contribute to the communities in which it does business. Nothing in this paragraph shall create any duties owed by any director to any person or entity to consider or afford any particular weight to any of the foregoing or abrogate any duty of the directors, either statutory or recognized by common law or court decisions. For purposes of this paragraph, "control" shall mean the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of the corporation, whether through the ownership of voting stock, by contract, or otherwise.
NYS Executive Branch Rules for Last Week and the Quarter's update.
NYs Executive Branch Rules for NYS Rules at the various Departments and Agencies.
The Weeks Updates in NYS Rules:
Rules
The Quarter's Recap in NYS Rules:
072512 Qu
DCarsonCPA your weblink to the Practice of Dean T. Carson II, CPA following the Executive Branch updates in Rules in New York State for Financial Decision Makers in Government, Industry, Non Profit and Individual Roles. Available for clients on Services of Accounting, Taxes, Advisory, and more and considering the Broader Economy and ways to help through better connecting Financial Decision Makers. Learn more at www.dcarsoncpa.com or e-mail dean@dcarsoncpa.com .
The Weeks Updates in NYS Rules:
Rules
The Quarter's Recap in NYS Rules:
072512 Qu
DCarsonCPA your weblink to the Practice of Dean T. Carson II, CPA following the Executive Branch updates in Rules in New York State for Financial Decision Makers in Government, Industry, Non Profit and Individual Roles. Available for clients on Services of Accounting, Taxes, Advisory, and more and considering the Broader Economy and ways to help through better connecting Financial Decision Makers. Learn more at www.dcarsoncpa.com or e-mail dean@dcarsoncpa.com .
Thursday, July 19, 2012
NYS Rules Updates for July 2012 (as of mid month)
NYS Rules updates for first half of July:
Rules
Rules
DCarsonCPA connecting a line on Government, Industry, Non Profit and Individual Financials for Decision Making. At the many points of Regulation you will generally find corresponding duties of Accounting, Taxation and Compliance. We help you meet those duties on Client services and also seek to help in the ways we can to encourage Economic improvement by helping us all stay better connected on Financials. Learn more at www.dcarsoncpa.com or inquire at info@dcarsoncpa.com .
Rules
Rules
DCarsonCPA connecting a line on Government, Industry, Non Profit and Individual Financials for Decision Making. At the many points of Regulation you will generally find corresponding duties of Accounting, Taxation and Compliance. We help you meet those duties on Client services and also seek to help in the ways we can to encourage Economic improvement by helping us all stay better connected on Financials. Learn more at www.dcarsoncpa.com or inquire at info@dcarsoncpa.com .
Wednesday, June 13, 2012
NYS Rules for Investment Advisers - Balance Sheets and income Statements under GAAP
* Section 11.14.* Financial statements.
(a) Financial statements of an investment adviser shall be prepared in accordance with generally accepted accounting principles including reserves or liabilities for unfulfilled subscriptions. Where financial statements are unaudited by an independent public accountant, a certification by management is required attesting to the accuracy of such statements.
(b) Each investment adviser filing an initial registration through the IARD shall submit a balance sheet and an income statement as of the close of its last fiscal or calendar year as prepared by the adviser's accountant or by management. Where the financial statements submitted are more than 90 days old, an interim balance sheet no more than 90 days old shall also be submitted directly to the Department of Law.
(c) Annually, each registered investment adviser shall submit a balance sheet and an income statement as of the close of its last fiscal or calendar year within 90 days after completion of its fiscal or calendar year end directly to the Department of Law.
13 CRR-NY 11.1413 CRR-NY 11.14
2011 WL 74145528
13 CRR-NY 11.14
As of Read date 6/13/12 ALL NYS Laws are subject to change and update and must be confirmed as filing or relying and this citation is from the unofficial rules of NYS. For Legal Services or Analysis you should seek the services of a Licensed New York State Attorney. For support services on US GAAP Financials or Taxes for Investment Advisers we are available to support your needs through direct services or referrals depending on the nature of services. Client services correspond to available services in compliance to the rules from the Federal, State and Local levels.
DCarsonCPA following the connecting lines of Government Rules, Industry Standards, Sector needs and Financial Decision Making support for Leaders in Government, Industry, Non Profit and Individual capacities. We work with research, knowledge, teamwork and experience to meet Client needs on Services for the connecting points of Regulations and corresponding Accounting, Tax and Compliance duties where we may assist Clients in varying capacities. Learn more at http://www.dcarsoncpa.com/ or e-mail info@dcarsoncpa.com .
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