NY Bus Corp L § 408 (2021)
2021 New York Laws BSC - Business Corporation Article 4 - Formation of Corporations 408 - Statement; Filing.

§ 408. Statement; filing.   1.  Except  as  provided  in  paragraph  eight  of  this section, each domestic corporation, and each  foreign  corporation  authorized  to  do business  in  this  state, shall, during the applicable filing period as determined by subdivision  three  of  this  section,  file  a  statement setting forth:  (a) The name and business address of its chief executive officer.  (b) The street address of its principal executive office.  (c)  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. Such address shall supersede any previous address on file with the department of state for this purpose.  (d) The number of  directors  constituting  the  board  and  how  many directors of such board are women.   2.  Except  as  provided  in  paragraph  eight  of  this section, such statement shall be made on forms prescribed by the secretary  of  state, and  the  information therein contained shall be given as of the date of the execution of  the  statement.  Such  statement  shall  only  request reporting  of  information required under paragraph one of this section. It shall be signed and delivered to the department of state.   3. Except as provided in paragraph eight  of  this  section,  for  the purpose  of  this section the applicable filing period for a corporation shall be the calendar month during which  its  original  certificate  of incorporation  or  application for authority were filed or the effective date thereof if stated. The applicable filing period shall  only  occur: (a)  annually, during the period starting on April 1, 1992 and ending on March 31, 1994; and (b) biennially, during a period starting on April  1 and ending on March 31 thereafter. Those corporations that filed between April  1,  1992  and  June  30,  1994 shall not be required to file such statements again until such time as they  would  have  filed,  had  this subdivision not been amended.   4. The provisions of paragraph (g) of section one hundred four of this chapter shall not be applicable to filings pursuant to this section.   5.  The  provisions  of  this  section and section 409 of this article shall not apply  to  a  farm  corporation.  For  the  purposes  of  this subdivision,  the  term  "farm  corporation"  shall  mean  any  domestic corporation or foreign corporation authorized to  do  business  in  this state  under  this chapter engaged in the production of crops, livestock and livestock products on  land  used  in  agricultural  production,  as defined in section 301 of the agriculture and markets law. However, this exception   shall  not  apply  to  farm  corporations  that  have  filed statements with the  department  of  state  which  have  been  submitted through  the  department  of  taxation and finance pursuant to paragraph eight of this section.   6. No such statement shall be accepted for filing when  a  certificate of resignation for receipt of process has been filed under section three hundred  six-A  of  this  chapter  unless  the  corporation has stated a different address for process which does not include  the  name  of  the party   previously  designated  in  the  address  for  process  in  such certificate.   7. A  domestic  corporation  or  foreign  corporation  may  amend  its statement  to  change  the information required by subparagraphs (a) and (b) of paragraph one of this section. Such amendment shall  be  made  on forms  prescribed  by  the  secretary  of  state. It shall be signed and delivered to the department of state.   8. (a) The commissioner of taxation and finance and the  secretary  of state may agree to allow corporations to provide the statement specified in  paragraph  one  of  this  section  on  tax  reports  filed  with the  department of taxation and finance in lieu of biennial statements.  This agreement  may  apply  to  tax  reports due for tax years starting on or after January first, two thousand sixteen.  (b)  If  the agreement described in subparagraph (a) of this paragraph is made, each corporation required to file the  statement  specified  in paragraph  one of this section that is also subject to tax under article nine or nine-A of the tax law shall include such statement  annually  on its tax report filed with the department of taxation and finance in lieu of  filing  a  statement under this section with the department of state and in a manner prescribed by the commissioner of taxation and  finance. However,  each  corporation  required  to  file  a  statement under this section must continue to file the biennial statement  required  by  this section  with  the department of state until the corporation in fact has filed a tax report with the department  of  taxation  and  finance  that includes  all  required  information.  After  that time, the corporation shall continue to deliver annually the statement specified in  paragraph one  of this section on its tax report in lieu of the biennial statement required by this section.  (c) If the agreement described in subparagraph (a) of  this  paragraph is  made,  the  department  of taxation and finance shall deliver to the department of state for filing the statement specified in paragraph  one of  this section for each corporation that files a tax report containing such statement. The department of taxation  and  finance  must,  to  the extent  feasible,  also  include  the  current  name of the corporation, department of state identification  number  for  such  corporation,  the name,  signature  and  capacity of the signer of the statement, name and street address of the filer of the statement, and the email address,  if any, of the filer of the statement.