State Codes and Statutes

Statutes > New-york > Pbs > Article-6 > 108

§ 108. Approval  of  dissolution  and  of  certificates  of  merger or  consolidation,   certificates   of   amendment   of   certificates    of  incorporation,  and  restated  certificates  of  incorporation of public  utility corporations.  1. No public utility corporation shall deliver to  the department of state for filing, nor shall the  department  of  state  file,   a  certificate  of  dissolution,  a  certificate  of  merger  or  consolidation, or  a  certificate  of  amendment  of  a  certificate  of  incorporation   under   section  eight  hundred  five  of  the  business  corporation law or a restated certificate of incorporation under section  eight hundred seven of the business  corporation  law  which  makes  any  amendment specified in subparagraphs eight, nine, ten, eleven and twelve  of   paragraph  (b)  of  section  eight  hundred  one  of  the  business  corporation law, unless such certificate shall have endorsed thereon the  consent and approval of the commission.    2. No public utility corporation shall be dissolved  pursuant  to  the  provisions  of  article eleven of the business corporation law until the  commission shall have first approved such dissolution.    3. The provisions of this section shall not apply to a public  utility  corporation  subject  to regulation by the commission only as a contract  carrier of  passengers  by  motor  vehicle,  nor  to  a  certificate  of  amendment  or  restated certificate of incorporation of a public utility  corporation subject to regulation by the  commission  only  as  a  motor  carrier of property.

State Codes and Statutes

Statutes > New-york > Pbs > Article-6 > 108

§ 108. Approval  of  dissolution  and  of  certificates  of  merger or  consolidation,   certificates   of   amendment   of   certificates    of  incorporation,  and  restated  certificates  of  incorporation of public  utility corporations.  1. No public utility corporation shall deliver to  the department of state for filing, nor shall the  department  of  state  file,   a  certificate  of  dissolution,  a  certificate  of  merger  or  consolidation, or  a  certificate  of  amendment  of  a  certificate  of  incorporation   under   section  eight  hundred  five  of  the  business  corporation law or a restated certificate of incorporation under section  eight hundred seven of the business  corporation  law  which  makes  any  amendment specified in subparagraphs eight, nine, ten, eleven and twelve  of   paragraph  (b)  of  section  eight  hundred  one  of  the  business  corporation law, unless such certificate shall have endorsed thereon the  consent and approval of the commission.    2. No public utility corporation shall be dissolved  pursuant  to  the  provisions  of  article eleven of the business corporation law until the  commission shall have first approved such dissolution.    3. The provisions of this section shall not apply to a public  utility  corporation  subject  to regulation by the commission only as a contract  carrier of  passengers  by  motor  vehicle,  nor  to  a  certificate  of  amendment  or  restated certificate of incorporation of a public utility  corporation subject to regulation by the  commission  only  as  a  motor  carrier of property.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Pbs > Article-6 > 108

§ 108. Approval  of  dissolution  and  of  certificates  of  merger or  consolidation,   certificates   of   amendment   of   certificates    of  incorporation,  and  restated  certificates  of  incorporation of public  utility corporations.  1. No public utility corporation shall deliver to  the department of state for filing, nor shall the  department  of  state  file,   a  certificate  of  dissolution,  a  certificate  of  merger  or  consolidation, or  a  certificate  of  amendment  of  a  certificate  of  incorporation   under   section  eight  hundred  five  of  the  business  corporation law or a restated certificate of incorporation under section  eight hundred seven of the business  corporation  law  which  makes  any  amendment specified in subparagraphs eight, nine, ten, eleven and twelve  of   paragraph  (b)  of  section  eight  hundred  one  of  the  business  corporation law, unless such certificate shall have endorsed thereon the  consent and approval of the commission.    2. No public utility corporation shall be dissolved  pursuant  to  the  provisions  of  article eleven of the business corporation law until the  commission shall have first approved such dissolution.    3. The provisions of this section shall not apply to a public  utility  corporation  subject  to regulation by the commission only as a contract  carrier of  passengers  by  motor  vehicle,  nor  to  a  certificate  of  amendment  or  restated certificate of incorporation of a public utility  corporation subject to regulation by the  commission  only  as  a  motor  carrier of property.