US Laws, Codes, Statutes & Cases

 
  § 113. Certificate of type of not-for-profit corporation.
    (a)  Every  corporation  to which this chapter applies and which is in
  existence on September 1, 1970, except those described in paragraph  (b)
  of  this  section,  shall  in  all  respects  be  considered  a  type  B
  corporation unless it shall deliver to the department of state a  signed
  certificate, entitled "Certificate of type of not-for-profit corporation
  of   ............(name   of   corporation)  under  section  113  of  the
  Not-for-Profit  Corporation  Law",  or   unless   its   certificate   of
  incorporation  has  been  amended  to  state  its type under section 201
  (Purposes).  A certificate of type shall set forth:
    (1)  The name of the corporation and, if its name  has  been  changed,
  the name under which it was formed.
    (2)    The  date  its  certificate  of  incorporation was filed by the
  department of state and the law under which it was formed.
    (3)  A  designation  of  the  secretary  of  state  as  agent  of  the
  corporation  upon  whom process against it may be served and 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.
    (4)    That under section 201 (Purposes) it is a Type ..... (insert A,
  B, C or D) not-for-profit corporation as defined in this chapter.
    (b) The following corporations  are  exempt  from  the  provisions  of
  paragraph (a).
    (1) A corporation to which is applicable, and whose type is determined
  by,  the  education  law, the religious corporations law and the private
  housing finance law.
    (2)  A  corporation  formed  under  an  article  of   the   membership
  corporations law or any predecessor general law or special act, which if
  formed  currently would be formable under, and its type determined by, a
  section of article fourteen hereof.
    (3) A corporation otherwise within the provisions  of  paragraph  (a),
  which   has  as  its  principal  purpose  a  religious,  educational  or
  charitable purpose, and is operated, supervised or controlled by  or  in
  connection with a religious corporation.
    (4)  A  corporation  having a right under paragraph (a) of section 103
  (Application) to elect to file a certificate of type under this section.
    (5) Anything to the contrary herein  notwithstanding  any  corporation
  exempt  hereunder  may  deliver  a  certificate  of  type  described  in
  paragraph (a) to the department of state.
    (d)  A corporation formed by or pursuant to a special act which elects
  to file a certificate of type, as  authorized  under  paragraph  (a)  of
  section  103  (Application),  shall file at any time after the effective
  date of this chapter a certificate of type setting forth, in addition to
  the items in subparagraphs (1) through (4) of paragraph (a), a statement
  that it elects to have this chapter apply in all respects to it.