2023 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.