N.Y. Not-for-Profit Corporation Law § 1304: Application for authority; contents

§ 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 (7) of paragraph (a) of section 102 (Definitions) of this

chapter, whether it would be a charitable corporation or non-charitable

corporation if formed in this state; a statement of its purposes to be

pursued in this state and of the activities which it proposes to conduct

in this state; and a statement that it is authorized to conduct those

activities in the jurisdiction of its incorporation.

(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, the name and address of the

agent 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 receipt of confirmation of 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, notices and consents) of this

chapter, such consent or approval shall be endorsed thereon or annexed

thereto.

(d) If the application for authority sets forth any purpose or

activity requiring a domestic corporation to provide notice of the

filing of a certificate of incorporation to any person or entity under

section 404 (Approvals, notices and consents) of this chapter, then the

corporation shall send by certified mail, return receipt requested, a

certified copy of the certificate of authority to such person or entity

within ten business days after the corporation receives confirmation

from the department of state that the certificate has been accepted for

filing.