Bill Text: NY S04846 | 2015-2016 | General Assembly | Introduced

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Bill Title: Provides that a foreign corporation's application for authority to do business in this state constitutes consent to jurisdiction of the courts of this state and a surrender of such application constitutes withdrawal of such consent.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2016-06-17 - COMMITTED TO RULES [S04846 Detail]

Download: New_York-2015-S04846-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4846
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                    April 22, 2015
                                      ___________
       Introduced  by Sen. BONACIC -- (at request of the Office of Court Admin-
         istration) -- read twice and ordered printed, and when printed  to  be
         committed to the Committee on Judiciary
       AN  ACT  to  amend the civil practice law and rules, the business corpo-
         ration law, the general associations law, the limited liability compa-
         ny law, the not-for-profit corporation law and the partnership law, in
         relation to consent to jurisdiction by foreign business  organizations
         authorized to do business in New York
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The civil practice law and rules is amended by adding a new
    2  section 301-a to read as follows:
    3    S 301-A. TERMINATION OF CONSENT  TO  JURISDICTION  IN  CERTAIN  CASES.
    4  WHERE A BUSINESS ORGANIZATION REGISTERED, AUTHORIZED OR DESIGNATED TO DO
    5  BUSINESS  IN  THIS  STATE SURRENDERS, WITHDRAWS OR OTHERWISE REVOKES ITS
    6  REGISTRATION, AUTHORIZATION OR CERTIFICATE OF DESIGNATION,  ITS  CONSENT
    7  TO  JURISDICTION TERMINATES ON THE DATE OF SUCH SURRENDER, WITHDRAWAL OR
    8  REVOCATION.
    9    S 2. Section 1301 of the business corporation law is amended by adding
   10  a new paragraph (e) to read as follows:
   11    (E) A FOREIGN CORPORATION'S APPLICATION FOR AUTHORITY TO  DO  BUSINESS
   12  IN  THIS  STATE, WHENEVER FILED, CONSTITUTES CONSENT TO THE JURISDICTION
   13  OF THE COURTS OF THIS STATE FOR ALL ACTIONS AGAINST SUCH CORPORATION.  A
   14  SURRENDER  OF  SUCH APPLICATION SHALL CONSTITUTE A WITHDRAWAL OF CONSENT
   15  TO JURISDICTION.
   16    S 3. Section 18 of the general associations law is amended by adding a
   17  new subdivision 5 to read as follows:
   18    5. AN ASSOCIATION'S CERTIFICATE  OF  DESIGNATION  PRESCRIBED  BY  THIS
   19  SECTION,  WHENEVER FILED, CONSTITUTES CONSENT TO THE JURISDICTION OF THE
   20  COURTS OF THIS STATE FOR ALL ACTIONS AGAINST SUCH ASSOCIATION. A REVOCA-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09693-01-5
       S. 4846                             2
    1  TION OF SUCH DESIGNATION SHALL CONSTITUTE A  WITHDRAWAL  OF  CONSENT  TO
    2  JURISDICTION.
    3    S  4.  Section  802 of the limited liability company law is amended by
    4  adding a new subdivision (c) to read as follows:
    5    (C) A FOREIGN LIMITED LIABILITY COMPANY'S APPLICATION FOR AUTHORITY TO
    6  DO BUSINESS IN THIS STATE, WHENEVER FILED, CONSTITUTES  CONSENT  TO  THE
    7  JURISDICTION  OF  THE  COURTS OF THIS STATE FOR ALL ACTIONS AGAINST SUCH
    8  LIMITED LIABILITY COMPANY. A SURRENDER OF SUCH APPLICATION SHALL CONSTI-
    9  TUTE A WITHDRAWAL OF CONSENT TO JURISDICTION.
   10    S 5. Section 1301 of the not-for-profit corporation law is amended  by
   11  adding a new paragraph (e) to read as follows:
   12    (E)  A  FOREIGN  CORPORATION'S  APPLICATION  FOR  AUTHORITY TO CONDUCT
   13  ACTIVITIES IN THIS STATE, WHENEVER FILED,  CONSTITUTES  CONSENT  TO  THE
   14  JURISDICTION  OF  THE  COURTS OF THIS STATE FOR ALL ACTIONS AGAINST SUCH
   15  CORPORATION UNLESS SUCH CORPORATION IS EXEMPT FROM ANY LAW REQUIRING  IT
   16  TO  DESIGNATE  THE  SECRETARY  OF STATE AS AGENT OF THE CORPORATION UPON
   17  WHOM PROCESS AGAINST IT MAY BE SERVED AND IT HAS  MADE  NO  SUCH  DESIG-
   18  NATION. A SURRENDER OF SUCH APPLICATION SHALL CONSTITUTE A WITHDRAWAL OF
   19  CONSENT TO JURISDICTION.
   20    S 6. Section 121-902 of the partnership law is amended by adding a new
   21  subdivision (e) to read as follows:
   22    (E)  A  FOREIGN  LIMITED PARTNERSHIP'S APPLICATION FOR AUTHORITY TO DO
   23  BUSINESS IN THIS STATE,  WHENEVER  FILED,  CONSTITUTES  CONSENT  TO  THE
   24  JURISDICTION  OF  THE  COURTS OF THIS STATE FOR ALL ACTIONS AGAINST SUCH
   25  FOREIGN LIMITED PARTNERSHIP.  A  SURRENDER  OF  SUCH  APPLICATION  SHALL
   26  CONSTITUTE A WITHDRAWAL OF CONSENT TO JURISDICTION.
   27    S  7.  Section  121-1502 of the partnership law is amended by adding a
   28  new subdivision (r) to read as follows:
   29    (R) A FOREIGN LIMITED LIABILITY PARTNERSHIP'S NOTICE TO  CARRY  ON  OR
   30  CONDUCT  OR  TRANSACT  BUSINESS  OR  ACTIVITIES AS A NEW YORK REGISTERED
   31  FOREIGN LIMITED LIABILITY PARTNERSHIP IN  THIS  STATE,  WHENEVER  FILED,
   32  CONSTITUTES  CONSENT TO THE JURISDICTION OF THE COURTS OF THIS STATE FOR
   33  ALL ACTIONS AGAINST SUCH FOREIGN LIMITED LIABILITY PARTNERSHIP. A  WITH-
   34  DRAWAL OF SUCH NOTICE SHALL CONSTITUTE A WITHDRAWAL OF CONSENT TO JURIS-
   35  DICTION.
   36    S  8. This act shall take effect on the first of January next succeed-
   37  ing the date on which it shall have become a law.