§ 96 — Fees and refunds

§ 96. Fees and refunds. Except as otherwise provided by section\nninety-six-a of this chapter, the department of state shall collect the\nfollowing fees:\n 1. For searching the records of the department for the availability of\na corporate, limited partnership or limited liability company name, five\ndollars for each name submitted.\n 2. For searching the records of the department other than as set forth\nin subdivision one hereof, five dollars for each name in excess of five\nsubmitted by or on behalf of an applicant for a search.\n 3. For a copy of any paper or record not required to be certified or\notherwise authenticated, fifty cents per page; except that the fee for a\ncopy of any paper or record not required to be certified or otherwise\nauthenticated which is furnished by the bureau of corporations of the\ndepartment of state, shall be five dollars, regardless of the number of\npages.\n 4. For a certified or exemplified copy of any law, record or paper,\nexcept a photostatic copy furnished by the department of state, one\ndollar per page; for a certified or exemplified copy of any law, record\nor paper reproduced by photostat by the department of state, fifty cents\nper page and in either case five dollars additional for the certificate\nunder the official seal of the department of state, affixed thereto;\nexcept that the fee for a certified or exemplified copy of any record or\npaper which is furnished by the bureau of corporations of the department\nof state, shall be ten dollars, regardless of the number of pages or\nregardless of whether such document is reproduced by photostat.\n 5. For a certificate or authentication under the great seal of the\nstate, ten dollars.\n 6. For a certificate as to the official character of a commissioner of\ndeeds residing in another state or foreign country, one dollar.\n 7. For every other certificate under the official seal of the\ndepartment of state, twenty-five dollars.\n 8. For registering and recording a notice of a mining claim as\nrequired by section eighty-two of the public lands law, fifty dollars.\n 9. (a) For filing under the general associations law or any\ncorporation law, except the business corporation law and not-for-profit\ncorporation law: a certificate of incorporation, one hundred twenty-five\ndollars; a certificate or report of voluntary dissolution, including the\nissuance of duplicate certificates by the secretary of state, and a\ncertified copy of an order or judgment of dissolution, sixty dollars;\nthe statement and designation of a foreign corporation, including the\nissuance of a certificate of authority, two hundred twenty-five dollars;\na certificate of designation or change of address or any certificate of\nchange of mailing address or office of a foreign corporation, other than\na moneyed corporation, thirty dollars; any other certificate or\ninstrument, sixty dollars.\n (b) For filing under the business corporation law and the\nnot-for-profit corporation law as set forth in those chapters.\n 10. For service of process on the secretary of state, acting as agent\nfor a third party pursuant to law, except as otherwise specifically\nprovided by law, forty dollars. No fee shall be collected for process\nserved on behalf of a county, city, town or village or other political\nsubdivision of the state. The fees paid the secretary of state shall be\na taxable disbursement.\n 11. (a) For the special handling of requests made to the division of\ncorporations of the department of state for any service for which a fee\nis collected as prescribed by law, twenty-five dollars. For the purposes\nof this section the term "special handling" shall mean the completion of\nthe request within twenty-four hours of receipt of the request, except\nin those cases where the twenty-four hour period shall end on a\nSaturday, Sunday, holiday or day on which the division of corporations\nof the department of state is not open for business, in which case the\ntwenty-four hour period shall be extended to the appropriate hour of the\nnext succeeding business day on which such division is open for\nbusiness.\n (b) For the same day expedited handling of requests made to the\ndivision of corporations of the department of state for any service for\nwhich a fee is collected as prescribed by law, seventy-five dollars. For\nthe purposes of this section the term "same day expedited handling"\nshall mean the completion of the request on the same day as the day of\nrequest.\n (c) For the two hour priority handling of requests made to the\ndivision of corporations of the department of state for any service for\nwhich a fee is collected as prescribed by law, one hundred fifty\ndollars. For the purposes of this section the term "two hour priority\nhandling" shall mean the completion of the request within two hours on\nthe same day as the day of the request.\n (d) For handling of non-expedited requests made to the division of\ncorporations of the department of state for any service for which a fee\nis collected as prescribed by law, the completion of such request shall\nbe accomplished within seven business days.\n 12. For the filing, recording or registering of any certificate,\nnotice or other paper required to be filed, recorded or registered, the\nfee for which is not otherwise prescribed by law, twenty-five dollars.\n 13. Except as otherwise specifically provided by law, the department\nof state may refund, within three years from the date of payment and\nupon audit of the state comptroller, any fee or portion of a fee paid\npursuant to any of the statutes which the department is charged by law\nto administer, in any case in which:\n a. the license, permit, or certificate applied for is not issued, or\ndoes not take effect, or\n b. the filing or certification requested is not made, or\n c. the service requested is not rendered, or\n d. the payment made is in excess of the amount prescribed by such\nstatute, or\n e. the licensee has entered the active armed services of the United\nStates in which event the refund shall be such proportion of the license\nfee paid as the number of full months remaining unexpired of the license\nperiod bears to the total number of months in such period.\n 14. No fee shall be collected for copies of records furnished to state\nofficers as defined in the public officers law, section two, for use in\ntheir official capacity.\n 15. The department of state shall on or before the tenth day of each\nmonth, out of the moneys collected during the preceding month pursuant\nto subdivision nine of this section, pay over to each county clerk in\nwhose office a certified copy of a corporation certificate or other\ninstrument relating to a domestic or foreign corporation shall have been\nfiled by the department during the preceding month pursuant to law the\nsum of six dollars for each such copy of a corporation certificate or\nother instrument for which the department shall have collected a filing\nfee of thirty dollars or more, and the sum of one dollar for each such\ncopy of a corporation certificate or other instrument for which the\ndepartment shall have collected a sum of less than thirty dollars, and\nsuch payment shall be received by the county clerk in full satisfaction\nof all fees for filing such copy, any other general or special law to\nthe contrary notwithstanding. All such moneys remaining after such\npayments to the county clerks shall be paid pursuant to section one\nhundred twenty-one of the state finance law.\n 16. Consistent with the provisions of the corporate laws of the state\nof New York, the department of state shall produce or reproduce the\ncontent of any informational systems maintained pursuant to such laws.\nThe secretary of state shall establish the type and amount of the\nreasonable fees to be collected by the department of state for such\ninformational systems. Such fees shall be subject to approval of the\ndirector of the budget and shall be promulgated in the official rules\nand regulations of the department of state in accordance with the\nprovisions of the state administrative procedure act.\n 17. For receipt of a village incorporation petition pursuant to\nsection 2-202 of the village law, two hundred fifty dollars.\n