State Codes and Statutes

Statutes > New-york > Npc > Article-13 > 1304

§ 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 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  (a)  (7)  of  section  102  (Definitions);  the  type   of  corporation it shall be under section 201 (Purposes); a statement of its  purposes  to  be  pursued  in  this state and of the activities which it  proposes to conduct in this state; a statement that it is authorized  to  conduct  those  activities in the jurisdiction of its incorporation; and  in the case of a Type C corporation, the lawful public  or  quasi-public  objective which each business purpose will achieve.    (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, his name and  address  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 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  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  and  consents),  such  consent  or  approval shall be endorsed thereon or annexed thereto.

State Codes and Statutes

Statutes > New-york > Npc > Article-13 > 1304

§ 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 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  (a)  (7)  of  section  102  (Definitions);  the  type   of  corporation it shall be under section 201 (Purposes); a statement of its  purposes  to  be  pursued  in  this state and of the activities which it  proposes to conduct in this state; a statement that it is authorized  to  conduct  those  activities in the jurisdiction of its incorporation; and  in the case of a Type C corporation, the lawful public  or  quasi-public  objective which each business purpose will achieve.    (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, his name and  address  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 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  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  and  consents),  such  consent  or  approval shall be endorsed thereon or annexed thereto.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Npc > Article-13 > 1304

§ 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 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  (a)  (7)  of  section  102  (Definitions);  the  type   of  corporation it shall be under section 201 (Purposes); a statement of its  purposes  to  be  pursued  in  this state and of the activities which it  proposes to conduct in this state; a statement that it is authorized  to  conduct  those  activities in the jurisdiction of its incorporation; and  in the case of a Type C corporation, the lawful public  or  quasi-public  objective which each business purpose will achieve.    (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, his name and  address  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 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  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  and  consents),  such  consent  or  approval shall be endorsed thereon or annexed thereto.