N.Y. NPC Law § 1304 — New York Code / Act NPC / Article 13 / Section 1304
Application for authority; contents
Status: in_force

§ 1304. Application for authority; contents.\n  (a) A foreign corporation may apply for authority to conduct\nactivities in this state by filing an application entitled "Application\nfor authority of ........ (name of corporation) under section 1304 of\nthe Not-for-Profit Corporation Law." The application shall be signed and\ndelivered to the department of state. It shall set forth:\n  (1) The name of the foreign corporation.\n  (2) The fictitious name the corporation agrees to use in this state\npursuant to section 1301 of this chapter, if applicable.\n  (3) The jurisdiction and date of its incorporation.\n  (4) That the corporation is a foreign corporation as defined in\nsubparagraph (7) of paragraph (a) of section 102 (Definitions) of this\nchapter, whether it would be a charitable corporation or non-charitable\ncorporation if formed in this state; a statement of its purposes to be\npursued in this state and of the activities which it proposes to conduct\nin this state; and a statement that it is authorized to conduct those\nactivities in the jurisdiction of its incorporation.\n  (5) The county within this state in which its office is to be located.\n  (6) A designation of the secretary of state as its agent upon whom\nprocess against it may be served and the post office address within or\nwithout this state to which the secretary of state shall mail a copy of\nany process against it served upon him.\n  (7) If it is to have a registered agent, the name and address of the\nagent within this state and a statement that the registered agent is to\nbe its agent upon whom process against it may be served.\n  (8) A statement that the foreign corporation has not, since its\nincorporation or since the date its authority to conduct activities in\nthis state was last surrendered, done any act in this state, except as\nset forth in paragraph (b) of section 1301 (Authorization of foreign\ncorporations); or in lieu of such statement the consent of the state tax\ncommission to the filing of the application shall be attached thereto.\n  (9) Any provision required by any governmental body or officer or\nother person or body as a condition for giving the consent or approval\nrequired for the filing of such application for authority, provided such\nprovision is not inconsistent with this chapter or any other statute of\nthis state. A corporation whose statement of purposes to be conducted in\nthis state specifically includes the establishment or operation of a\nchild day care center, as that term is defined in section three hundred\nninety of the social services law, shall provide a certified copy of any\napplication for authority and any amendment thereto involving such\ncorporation to the office of children and family services within thirty\ndays after receipt of confirmation of the filing of such application or\namendment with the department of state.\n  (b) Attached to the application for authority shall be a certificate\nby an authorized officer of the jurisdiction of its incorporation that\nthe foreign corporation is an existing corporation. If such certificate\nis in a foreign language, a translation thereof under oath of the\ntranslator shall be attached thereto.\n  (c) If the application for authority sets forth any purpose or\nactivity for which a domestic corporation could be formed only with the\nconsent or approval of any governmental body or officer, or other person\nor body under section 404 (Approvals, notices and consents) of this\nchapter, such consent or approval shall be endorsed thereon or annexed\nthereto.\n  (d) If the application for authority sets forth any purpose or\nactivity requiring a domestic corporation to provide notice of the\nfiling of a certificate of incorporation to any person or entity under\nsection 404 (Approvals, notices and consents) of this chapter, then the\ncorporation shall send by certified mail, return receipt requested, a\ncertified copy of the certificate of authority to such person or entity\nwithin ten business days after the corporation receives confirmation\nfrom the department of state that the certificate has been accepted for\nfiling.\n