N.Y.
Not-for-Profit Corporation Law Section 1304
Application for authority
- contents
(a)
A foreign corporation may apply for authority to conduct activities in this state by filing an application entitled “Application for authority of ........ (name of corporation) under section 1304 of the Not-for-Profit Corporation Law.” The application shall be signed and delivered to the department of state. It shall set forth:(1)
The name of the foreign corporation.(2)
The fictitious name the corporation agrees to use in this state pursuant to § 1301 (Authorization of foreign corporations)section 1301 of this chapter, if applicable.(3)
The jurisdiction and date of its incorporation.(4)
That the corporation is a foreign corporation as defined in subparagraph (7) of paragraph (a) of section 102 (Definitions) of this chapter, whether it would be a charitable corporation or non-charitable corporation if formed in this state; a statement of its purposes to be pursued in this state and of the activities which it proposes to conduct in this state; and a statement that it is authorized to conduct those activities in the jurisdiction of its incorporation.(5)
The county within this state in which its office is to be located.(6)
A designation of the secretary of state as its agent upon whom process against it may be served and the post office address within or without this state to which the secretary of state shall mail a copy of any process against it served upon him.(7)
If it is to have a registered agent, the name and address of the agent within this state and a statement that the registered agent is to be its agent upon whom process against it may be served.(8)
A statement that the foreign corporation has not, since its incorporation or since the date its authority to conduct activities in this state was last surrendered, done any act in this state, except as set forth in paragraph (b) of section 1301 (Authorization of foreign corporations); or in lieu of such statement the consent of the state tax commission to the filing of the application shall be attached thereto.(9)
Any provision required by any governmental body or officer or other person or body as a condition for giving the consent or approval required for the filing of such application for authority, provided such provision is not inconsistent with this chapter or any other statute of this state. A corporation whose statement of purposes to be conducted in this state specifically includes the establishment or operation of a child day care center, as that term is defined in Social Services Law § 390 (Child day care)section three hundred ninety of the social services law, shall provide a certified copy of any application for authority and any amendment thereto involving such corporation to the office of children and family services within thirty days after receipt of confirmation of the filing of such application or amendment with the department of state.(b)
Attached to the application for authority shall be a certificate by an authorized officer of the jurisdiction of its incorporation that the foreign corporation is an existing corporation. If such certificate is in a foreign language, a translation thereof under oath of the translator shall be attached thereto.(c)
If the application for authority sets forth any purpose or activity for which a domestic corporation could be formed only with the consent or approval of any governmental body or officer, or other person or body under section 404 (Approvals, notices and consents) of this chapter, such consent or approval shall be endorsed thereon or annexed thereto.(d)
If the application for authority sets forth any purpose or activity requiring a domestic corporation to provide notice of the filing of a certificate of incorporation to any person or entity under section 404 (Approvals, notices and consents) of this chapter, then the corporation shall send by certified mail, return receipt requested, a certified copy of the certificate of authority to such person or entity within ten business days after the corporation receives confirmation from the department of state that the certificate has been accepted for filing.
Source:
Section 1304 — Application for authority; contents, https://www.nysenate.gov/legislation/laws/NPC/1304 (updated Oct. 2, 2015; accessed Oct. 26, 2024).
