NY Bus Corp L § 1309-A (2021)
2021 New York Laws BSC - Business Corporation Article 13 - Foreign Corporations 1309-A - Certificate of Change; Contents.

§ 1309-A. Certificate of change; contents.  (a)  In  lieu  of  a  certificate  of amendment, an authorized foreign corporation, upon compliance with this section, may make any or  all  of the following changes in its application for authority:  (1) To change the location of its office in this state.  (2)  To  specify  or  change  the  post  office  address  to which the secretary of state shall mail a copy of any process  against  it  served upon him.  (3) To make, revoke or change the designation of a registered agent or specify or change his address.   * (4)  To  specify,  change  or  delete the email address to which the secretary of state shall email a notice of the fact that process against the corporation has been electronically served upon him or her.   * NB Effective January 1, 2023  (b) To accomplish such change, a certificate entitled "Certificate  of change  of application for authority of .......... (name of corporation) under section 1309-A 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 as it appears on the index of names of existing domestic and authorized foreign  corporations  of  any type  or  kind  in the department of state, division of corporations and the fictitious name the corporation has agreed  to  use  in  this  state pursuant to paragraph (d) of section 1301 of this chapter.  (2) The jurisdiction of its incorporation.  (3) The date it was authorized to do business in this state.  (4) Each change effected thereby.   * (c)  A  certificate  of  change  of  application for authority which changes only the post office address to which  the  secretary  of  state shall  mail  a  copy  of  any  process  against  an  authorized  foreign corporation served  upon  him  or  which  changes  the  address  of  its registered  agent,  provided  such  address  is the address of a person, partnership or other corporation whose address, as agent, is the address to be changed or who has been designated as registered  agent  for  such authorized  foreign  corporation,  may  be  signed  and delivered to the department of  state  by  such  agent.  The  certificate  of  change  of application  for authority shall set forth the statements required under subparagraphs (1), (2), (3) and (4) of paragraph (b)  of  this  section; that a notice of the proposed change was mailed by the party signing the certificate  to  the authorized foreign corporation not less than thirty days prior to the date of delivery  to  the  department  and  that  such corporation  has  not  objected  thereto; and that the party signing the certificate is the agent of such foreign corporation  to  whose  address the  secretary  of  state  is  required to mail copies of process or the registered agent, if such  be  the  case.    A  certificate  signed  and delivered under this paragraph shall not be deemed to effect a change of location  of  the  office  of  the  corporation  in  whose  behalf  such certificate is filed.   * NB Effective until January 1, 2023   * (c) A certificate of  change  of  application  for  authority  which changes  only  the  post  office address to which the secretary of state shall  mail  a  copy  of  any  process  against  an  authorized  foreign corporation  served  upon  him or her, and/or the email address to which the secretary of state shall email a notice of  the  fact  that  process against  it  has  been electronically served upon the secretary of state and/or which changes the address of its registered agent, provided  such address  is  the  address  of a person, partnership or other corporation whose address, as agent, is the address to be changed, and/or the  email  address  being  changed is the email address of a person, partnership or corporation whose email address, as agent, is the email  address  to  be changed,  and/or  who  has  been designated as registered agent for such authorized  foreign  corporation,  may  be  signed  and delivered to the department of  state  by  such  agent.  The  certificate  of  change  of application  for authority shall set forth the statements required under subparagraphs (1), (2), (3) and (4) of paragraph (b)  of  this  section; that a notice of the proposed change was mailed by the party signing the certificate  to  the authorized foreign corporation not less than thirty days prior to the date of delivery  to  the  department  and  that  such corporation  has  not  objected  thereto; and that the party signing the certificate is the agent of such foreign corporation  to  whose  address the secretary of state is required to mail copies of process, and/or the agent  of  such foreign corporation to whose email address the secretary of state is required to mail a notice of the fact that  process  against it  has  been electronically served on the secretary of state and/or the registered agent,  if  such  be  the  case.  A  certificate  signed  and delivered under this paragraph shall not be deemed to effect a change of location  of  the  office  of  the  corporation  in  whose  behalf  such certificate is filed.   * NB Effective January 1, 2023