US Laws, Codes, Statutes & Cases

 
  § 1304. Application for authority; contents.
    (a)   A  foreign  corporation  may  apply  for  authority  to  conduct
  activities in this state by filing an application entitled  "Application
  for  authority  of ........  (name of corporation) under section 1304 of
  the Not-for-Profit Corporation Law." The application shall be signed and
  delivered to the department of state. It shall set forth:
    (1) The name of the foreign corporation.
    (2) The fictitious name the corporation agrees to use  in  this  state
  pursuant to section 1301 of this chapter, if applicable.
    (3) The jurisdiction and date of its incorporation.
    (4)  That  the  corporation  is  a  foreign  corporation as defined in
  subparagraph  (a)  (7)  of  section  102  (Definitions);  the  type   of
  corporation it shall be under section 201 (Purposes); a statement of its
  purposes  to  be  pursued  in  this state and of the activities which it
  proposes to conduct in this state; a statement that it is authorized  to
  conduct  those  activities in the jurisdiction of its incorporation; and
  in the case of a Type C corporation, the lawful public  or  quasi-public
  objective which each business purpose will achieve.
    (5) The county within this state in which its office is to be located.
    (6)  A  designation  of  the secretary of state as its agent upon whom
  process against it may be served and the 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.
    (7) If it is to have a registered agent, his name and  address  within
  this  state and a statement that the registered agent is to be its agent
  upon whom process against it may be served.
    (8) A statement that  the  foreign  corporation  has  not,  since  its
  incorporation  or  since the date its authority to conduct activities in
  this state was last surrendered, done any act in this state,  except  as
  set  forth  in  paragraph  (b) of section 1301 (Authorization of foreign
  corporations); or in lieu of such statement the consent of the state tax
  commission to the filing of the application shall be attached thereto.
    (9) Any provision required by any  governmental  body  or  officer  or
  other  person  or body as a condition for giving the consent or approval
  required for the filing of such application for authority, provided such
  provision is not inconsistent with this chapter or any other statute  of
  this state. A corporation whose statement of purposes to be conducted in
  this  state  specifically  includes  the establishment or operation of a
  child day care center, as that term is defined in section three  hundred
  ninety of the social services law, shall provide a certified copy of any
  application  for  authority  and  any  amendment  thereto involving such
  corporation to the office of children and family services within  thirty
  days  after  the  filing  of  such  application  or  amendment  with the
  department of state.
    (b) Attached to the application for authority shall be  a  certificate
  by  an  authorized officer of the jurisdiction of its incorporation that
  the foreign corporation is an existing corporation. If such  certificate
  is  in  a  foreign  language,  a  translation  thereof under oath of the
  translator shall be attached thereto.
    (c) If the  application  for  authority  sets  forth  any  purpose  or
  activity  for which a domestic corporation could be formed only with the
  consent or approval of any governmental body or officer, or other person
  or body under section 404 (Approvals  and  consents),  such  consent  or
  approval shall be endorsed thereon or annexed thereto.