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New York · Through 2026-09-11

N.Y. General Business Law § 359-ee: Report of existence

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Where this section sits in the code
  1. General Business Law
  2. Article 23-A. Fraudulent Practices In Respect to Stocks, Bonds and Other Securities

§ 359-ee. Report of existence. 1. Every person, partnership,

corporation, company, trust or association which caused to be filed in

the department of law a "dealer's statement" on or before June

thirtieth, nineteen hundred fifty-three, shall on or before February

first, nineteen hundred fifty-nine, file in the department of law a

certificate which shall be entitled and endorsed, "Certificate of Report

of Existence of............................(state name of dealer),

pursuant to section three hundred fifty-nine-ee, of the general business

law" and shall state: (a) The name of the dealer, and if it was changed,

the name under which last registered. (b) The date of the last filing of

the dealer's statement in the department of law. (c) That its existence

is hereby continued. Such certificate shall be signed and certified by

the dealer or any principal officer thereof.

2. On or before January first, nineteen hundred fifty-nine, notice of

the enactment of this section shall be given by the attorney-general to

each dealer to which this section applies by mailing a copy of such

notice to said dealer directed to said dealer at the address stated in

the "dealer's statement" filed by said dealer in the department of law

and then on file there. A copy of this section shall be endorsed or

annexed to each such notice.

3. On March fifteenth, nineteen hundred fifty-nine, the

attorney-general shall make a list containing the names of all such

dealers, who have not filed the certificate of report of existence

required by subdivision one of this section.

4. The attorney-general shall make a proclamation under his hand and

seal of office as to the dealers whose names are included in such list,

declaring the "dealers' statements" theretofore filed by such dealers as

void pursuant to the provisions of this section. He shall file the

original proclamation in his office and shall publish a copy thereof in

the April or May issue of the state bulletin in the year nineteen

hundred fifty-nine.

5. Upon the publication of such proclamation in the manner aforesaid,

the "dealer's statement" of each dealer named therein shall be deemed

void as of May thirty-first, nineteen hundred fifty-nine, without

further proceedings, except as otherwise provided in subdivision six of

this section.

6. After this section takes effect, no dealer whose statement has been

voided by subdivision five of this section shall sell or offer for sale

to the public within this state, as principal, broker or agent, or

otherwise, any securities issued or to be issued, unless and until such

dealer shall have caused to be filed in the department of law a new

"dealer's statement" as required by section three hundred fifty-nine-e

of this article.

7. After this section takes effect, no dealer whose statement has been

voided by subdivision five of this section shall sell or offer for sale

to the public within this state, as principal, broker or agent, or

otherwise, any securities issued or to be issued, unless and until such

dealer shall have caused to be filed in the department of state a new

"state notice" as required by section three hundred fifty-nine-e of this

article, and, as to any securities which are not exempted from the

provisions of subdivision eight of section three hundred fifty-nine-e of

this article by section three hundred fifty-nine-f hereof, until and

unless such dealer shall have caused to be filed in the department of

state a further "state notice" as required by such section three hundred

fifty-nine-e.

8. The fee of the attorney-general for filing a certificate under

subdivisions one or six of this section shall be five dollars, and the

fee of the department of state for filing any notice under subdivision

seven of this section shall be two dollars.

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