§ 1309 — Certificate of amendment; contents, effect

§ 1309. Certificate of amendment; contents, effect.\n (a) To accomplish such amendment a certificate, entitled "Certificate\nof amendment of application for authority of ....... (name of\ncorporation) under section 1309 of the Not-for-Profit Corporation Law,"\nshall be signed and delivered to the department of state. It shall set\nforth:\n (1) The name of the foreign corporation as it appears on the index of\nnames of existing domestic and authorized foreign corporations of any\nkind in the department of state and the fictitious name the corporation\nhas agreed to use in this state pursuant to paragraph (d) of section\n1301 of this article.\n (2) The jurisdiction of its incorporation.\n (3) The date it was authorized to conduct activities in this state.\n (4) Each amendment effected thereby.\n (5) If the true corporate name of the foreign corporation is to be\nchanged, a statement that the change of name has been effected under the\nlaws of the jurisdiction of its incorporation and the date the change\nwas so effected.\n (6) If the activities it proposes to conduct in this state are to be\nenlarged, limited or otherwise changed, a statement that it is\nauthorized to conduct in the jurisdiction of its incorporation the\nactivities which it proposes to conduct in this state.\n (b) If an authorized foreign corporation has changed its name in the\njurisdiction of its incorporation, it shall deliver to the department of\nstate within twenty days after the change became effective in that\njurisdiction a certificate of amendment under paragraph (a). Upon its\nfailure to deliver such certificate, its authority to conduct activities\nin this state shall upon the expiration of said twenty days be\nsuspended. The filing by the department of state of a certificate of\namendment changing the corporation name within one hundred twenty days\nafter the effective date of the change of name in the jurisdiction of\nits incorporation shall annul the suspension and its authority to\nconduct activities in this state shall be restored and continue as if no\nsuspension had occurred. The secretary of state shall continue, during\nsuch suspension, as agent of the foreign corporation upon whom process\nagainst the foreign corporation may be served in the manner set forth in\nparagraph (b) of section 306 (Service of process).\n (c) A certificate of amendment of application for authority shall not\nbe filed, if the amendment adds, changes or eliminates a purpose, power\nor provision the inclusion of which in an application for authority\nrequires consent or approval of any governmental body or officer or\nother person or body, or if the amendment changes the name of a\ncorporation whose application for authority had such consent or approval\nendorsed thereon or annexed thereto, unless such consent or approval is\nendorsed on or annexed to the certificate of amendment of application\nfor authority.\n