NY Not for Profit Corp L § 112 (2021)
2021 New York Laws NPC - Not-For-Profit Corporation Article 1 - Short Title; Definitions; Application; Certificates; Miscellaneous 112 - Actions or Special Proceedings by Attorney-General.

§ 112. Actions or special proceedings by attorney-general.  (a) The attorney-general may maintain an action or special proceeding:  (1)  To  annul  the corporate existence or dissolve a corporation that has acted beyond its capacity or power or to restrain it  from  carrying on unauthorized activities;  (2)  To annul the corporate existence or dissolve any corporation that has not been duly formed;  (3) To restrain any person or persons from acting  as  a  domestic  or foreign corporation within this state without being duly incorporated or from  exercising  in  this  state  any  corporate  rights, privileges or franchises not granted to them by the law of the state;  (4) To procure a judgment removing a director  of  a  corporation  for cause under section 706 (Removal of directors);  (5) To dissolve a corporation under article 11 (Judicial dissolution);  (6)  To  restrain  a  foreign corporation or to annul its authority to carry on activities in this state under section 1303 (Violations).  (7) To enforce any right  given  under  this  chapter  to  members,  a director or an officer of a charitable corporation. The attorney-general shall have the same status as such members, director or officer.  (8)  To  compel  the  directors  and  officers,  or  any of them, of a charitable corporation which  has  been  dissolved  under  section  1011 (Dissolution  for  failure to file certificate of type of Not-for-Profit Corporation Law under section 113) to account  for  the  assets  of  the dissolved corporation.  (9) Upon application, ex parte, for an order to the supreme court at a special  term  held within the judicial district where the office of the corporation is located, and if the court so orders, to enforce any right given under this chapter to members, a  director  or  an  officer  of  a non-charitable corporation. For such purpose, the attorney-general shall have the same status as such members, director or officer.  (10)  To  enjoin,  void or rescind any related party transaction, seek damages and other appropriate remedies, in law or equity, in addition to any actions pursuant to section 715 (Related party transactions) of this chapter.  (b) In an action or special proceeding brought by the attorney-general under any of the provisions of this chapter:  (1) If an action, it is triable by jury as a matter of right.  (2) The court may confer immunity in accordance with the provisions of section six hundred nineteen-c of the code of criminal procedure.  (3) A temporary  restraining  order  to  restrain  the  commission  or continuance  of  the unlawful acts which form the basis of the action or special proceeding may be granted upon proof,  by  affidavit,  that  the defendant or defendants have committed or are about to commit such acts. Application for such restraining order may be made ex parte or upon such notice as the court may direct.  (4)  If  the  action  or  special  proceeding  is  against  a  foreign corporation, the attorney-general may apply to the court  at  any  stage thereof  for  the  appointment  of a temporary receiver of the assets in this state of such  foreign  corporation,  whenever  it  has  assets  or property  of  any  kind  whatsoever, tangible or intangible, within this state.  (5) When final judgment  in  such  action  or  special  proceeding  is rendered  against  the defendant or defendants, the court may direct the costs to be collected by execution against any or all of the  defendants or  by  order  of  attachment or other process against the person of any director or officer of a corporate defendant.  (6) In connection with any such proposed action or special proceeding, the attorney-general may take proof and issue  subpoenas  in  accordance with the civil practice law and rules.  (c)  In  any  such  action  or  special  proceeding  against a foreign corporation which has not designated the secretary of state as its agent for service of process  under  section  304  (Statutory  designation  of secretary  of  state  as  agent  for  service  of  process),  any of the following  acts  in  this  state  by  such  foreign  corporation   shall constitute  the appointment by it of the secretary of state as its agent upon whom process against such foreign corporation may be served.  (1) As used in  this  paragraph  the  term  "resident"  shall  include individuals,  domestic corporations of any kind and foreign corporations of any kind authorized to do business or  carry  on  activities  in  the state.  (2)  Any  act  done, or representation made as part of a course of the solicitation of orders, or the issuance, or the  delivery  of  contracts for,  or  the  sale  of,  property,  or  the  performance of services to residents which involves  or  promotes  a  plan  or  scheme  to  defraud residents in violation of the laws or the public policy of the state.  (3)  Any  act  done  as  part  of  a  course of conduct of business or activities in the solicitation of orders from  residents  for  property, goods  or services, to be delivered or rendered within this state to, or on their behalf, where the orders or  contracts  are  executed  by  such residents  within  this  state  and  where  such orders or contracts are accompanied or followed by  an  earnest  money  deposit  or  other  down payment or any installment payment thereon or any other form of payment, which payment is either delivered in or transmitted from the state.  (4)  Any  act  done  as part of the conduct of a course of business or activities with residents which defrauds  such  residents  or  otherwise involves   or  promotes  an  attempt  by  such  foreign  corporation  to circumvent the laws of this state.  (d) Paragraphs (b), (c), (d)  and  (e)  of  section  307  (Service  of process  of  unauthorized  foreign  corporation)  shall apply to process served under paragraph (c).