NY Bus Corp L § 1310 (2021)
2021 New York Laws BSC - Business Corporation Article 13 - Foreign Corporations 1310 - Surrender of Authority.

§ 1310. Surrender of authority.  (a)  An  authorized foreign corporation may surrender its authority. A certificate, entitled "Certificate of surrender of authority of (name of corporation) under section 1310 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 or, 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) That it surrenders its authority to do business in this state.  (5)  That  it  revokes  the authority of its registered agent, if any, previously designated and consents that process against it in any action or special proceeding based upon any liability or obligation incurred by it within this state before the filing of the certificate  of  surrender may  be served on the secretary of state after the filing thereof in the manner set forth in paragraph (b) of section 306 (Service of process).   * (6) A 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 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  (b) The department shall not file such certificate unless the  consent of  the  state  tax commission to the surrender of authority is attached thereto.  (c) The authority of the foreign corporation to do  business  in  this state  shall  terminate  on the filing by the department of state of the certificate of surrender of authority.   * (d) The post office address  specified  under  subparagraph  (6)  of paragraph  (a)  of  this section may be changed. A certificate, entitled "Certificate of amendment of certificate of surrender  of  authority  of ........  (name  of  corporation)  under  section  1310  of the Business Corporation Law", shall be signed as provided in paragraph (a)  of  this section and delivered to the department of state. It shall set forth:  (1) The name of the foreign corporation.  (2) The jurisdiction of its incorporation.  (3)  The  date  its certificate of surrender of authority was filed by the department of state.  (4) The changed 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   * (d) The post office address and/or the email address specified under subparagraph  (6)  of  paragraph  (a)  of this section may be changed. A certificate,  entitled  "Certificate  of  amendment  of  certificate  of surrender  of  authority of ........ (name of corporation) under section 1310 of the Business Corporation Law", shall be signed  as  provided  in paragraph  (a) of this section and delivered to the department of state. It shall set forth:  (1) The name of the foreign corporation.  (2) The jurisdiction of its incorporation.  (3) The date its certificate of surrender of authority  was  filed  by the department of state.  (4)  The changed 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 and/or the changed 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