NY Not for Profit Corp L § 1304 (2021)
2021 New York Laws NPC - Not-For-Profit Corporation Article 13 - Foreign Corporations 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.