N.Y. Public Service Law § 108: Approval of dissolution and of certificates of merger or consolidation, certificates of amendment of certificates of incorporation, and r...

§ 108. Approval of dissolution and of certificates of merger or

consolidation, certificates of amendment of certificates of

incorporation, and restated certificates of incorporation of public

utility corporations. 1. No public utility corporation shall deliver to

the department of state for filing, nor shall the department of state

file, a certificate of dissolution, a certificate of merger or

consolidation, or a certificate of amendment of a certificate of

incorporation under section eight hundred five of the business

corporation law or a restated certificate of incorporation under section

eight hundred seven of the business corporation law which makes any

amendment specified in subparagraphs eight, nine, ten, eleven and twelve

of paragraph (b) of section eight hundred one of the business

corporation law, unless such certificate shall have endorsed thereon the

consent and approval of the commission.

2. No public utility corporation shall be dissolved pursuant to the

provisions of article eleven of the business corporation law until the

commission shall have first approved such dissolution.

3. The provisions of this section shall not apply to a public utility

corporation subject to regulation by the commission only as a contract

carrier of passengers by motor vehicle, nor to a certificate of

amendment or restated certificate of incorporation of a public utility

corporation subject to regulation by the commission only as a motor

carrier of property.