§ 1304 — Application for authority; contents

New York § 1304

• Jurisdiction: New York
• Law BSC: Business Corporation
• Art. 13: Foreign Corporations

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§ 1304. Application for authority; contents.\n (a) A foreign corporation may apply for authority to do business in\nthis state. An application, entitled "Application for authority of\n...... (name of corporation) under section 1304 of the Business\nCorporation Law", shall be signed and delivered to the department of\nstate. It shall set forth:\n (1) The name of the foreign corporation.\n (2) The fictitious name the corporation agrees to use in this state\npursuant to section 1301 of this chapter, if applicable.\n (3) The jurisdiction and date of its incorporation.\n (4) The purpose or purposes for which it is formed, it being\nsufficient to state, either alone or with other purposes, that the\npurpose of the corporation is to engage in any lawful act or activity\nfor which corporations may be organized under this chapter, provided\nthat it also state that it is not formed to engage in any act or\nactivity requiring the consent or approval of any state official,\ndepartment, board, agency or other body without such consent or approval\nfirst being obtained. By such statement all lawful acts and activities\nshall be within the purposes of the corporation, except for express\nlimitations therein or in this chapter, if any.\n (5) The county within this state in which its office is to be located.\n (6) A designation of the secretary of state as its agent upon whom\nprocess against it may be served and the post office address within or\nwithout this state to which the secretary of state shall mail a copy of\nany process against it served upon him or her. The corporation may\ninclude an email address to which the secretary of state shall email a\nnotice of the fact that process against it has been electronically\nserved upon him or her.\n (7) If it is to have a registered agent, his name and address within\nthis state and a statement that the registered agent is to be its agent\nupon whom process against it may be served.\n (8) A statement that the foreign corporation has not since its\nincorporation or since the date its authority to do business in this\nstate was last surrendered, engaged in any activity in this state,\nexcept as set forth in paragraph (b) of section 1301 (Authorization of\nforeign corporations), or in lieu thereof the consent of the state tax\ncommission to the filing of the application, which consent shall be\nattached thereto.\n (b) Attached to the application for authority shall be a certificate\nby an authorized officer of the jurisdiction of its incorporation that\nthe foreign corporation is an existing corporation. If such certificate\nis in a foreign language, a translation thereof under oath of the\ntranslator shall be attached thereto.\n