NY Bus Corp L § 1304 (2021)
2021 New York Laws BSC - Business Corporation Article 13 - Foreign Corporations 1304 - Application for Authority; Contents.

§ 1304. Application for authority; contents.  (a)  A  foreign  corporation may apply for authority to do business in this state. An  application,  entitled  "Application  for  authority  of ......name  of  corporation)  under  section  1304  of the Business Corporation Law", 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) The  purpose  or  purposes  for  which  it  is  formed,  it  being sufficient  to  state,  either  alone  or  with other purposes, that the purpose of the corporation is to engage in any lawful  act  or  activity for  which  corporations  may  be organized under this chapter, provided that it also state that it is  not  formed  to  engage  in  any  act  or activity  requiring  the  consent  or  approval  of  any state official, department, board, agency or other body without such consent or approval first being obtained. By such statement all lawful acts  and  activities shall  be  within  the  purposes  of the corporation, except for express limitations therein or in this chapter, if any.  (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.   * NB Effective until January 1, 2023   * (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  or  her.  The  corporation  may include  an  email address to which the secretary of state shall email a notice of the fact that  process  against  it  has  been  electronically served upon him or her.   * NB Effective January 1, 2023  (7)  If  it is to have a registered agent, his name and address 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  do  business  in  this state  was  last  surrendered,  engaged  in  any activity in this state, except as set forth in paragraph (b) of section 1301  (Authorization  of foreign  corporations),  or in lieu thereof the consent of the state tax commission to the filing of the  application,  which  consent  shall  be attached thereto.  (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.