US Laws, Codes, Statutes & Cases

 
  § 1309. Certificate of amendment; contents, effect.
    (a)  To accomplish such amendment a certificate, entitled "Certificate
  of  amendment  of  application  for  authority   of .......   (name   of
  corporation)  under section 1309 of the Not-for-Profit Corporation Law,"
  shall be signed and delivered to the department of state. It  shall  set
  forth:
    (1)  The name of the foreign corporation as it appears on the index of
  names of existing domestic and authorized foreign  corporations  of  any
  type  or  kind  in  the  department of state and the fictitious name the
  corporation has agreed to use in this state pursuant to paragraph (d) of
  section 1301 of this chapter.
    (2) The jurisdiction of its incorporation.
    (3) The date it was authorized to conduct activities in this state.
    (4) Each amendment effected thereby.
    (5) If the true corporate name of the foreign  corporation  is  to  be
  changed, a statement that the change of name has been effected under the
  laws  of  the  jurisdiction of its incorporation and the date the change
  was so effected.
    (6) If the activities it proposes to conduct in this state are  to  be
  enlarged,   limited  or  otherwise  changed,  a  statement  that  it  is
  authorized to conduct in  the  jurisdiction  of  its  incorporation  the
  activities which it proposes to conduct in this state.
    (b)  If  an authorized foreign corporation has changed its name in the
  jurisdiction of its incorporation, it shall deliver to the department of
  state within twenty days after  the  change  became  effective  in  that
  jurisdiction  a  certificate  of amendment under paragraph (a). Upon its
  failure to deliver such certificate, its authority to conduct activities
  in this  state  shall  upon  the  expiration  of  said  twenty  days  be
  suspended.  The  filing  by  the department of state of a certificate of
  amendment changing the corporation name within one hundred  twenty  days
  after  the  effective  date of the change of name in the jurisdiction of
  its incorporation shall  annul  the  suspension  and  its  authority  to
  conduct activities in this state shall be restored and continue as if no
  suspension  had  occurred. The secretary of state shall continue, during
  such suspension, as agent of the foreign corporation upon  whom  process
  against the foreign corporation may be served in the manner set forth in
  paragraph (b) of section 306 (Service of process).
    (c)  A certificate of amendment of application for authority shall not
  be filed, if the amendment adds, changes or eliminates a purpose,  power
  or  provision  the  inclusion  of  which in an application for authority
  requires consent or approval of any  governmental  body  or  officer  or
  other  person  or  body,  or  if  the  amendment  changes  the name of a
  corporation whose application for authority had such consent or approval
  endorsed thereon or annexed thereto, unless such consent or approval  is
  endorsed  on  or  annexed to the certificate of amendment of application
  for authority.