Senate Bill S4846

2015-2016 Legislative Session

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

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Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2015-S4846 (ACTIVE) - Details

See Assembly Version of this Bill:
A6714
Current Committee:
Senate Rules
Law Section:
Civil Practice Law and Rules
Laws Affected:
Add §301-a, CPLR; amd §1301, BC L; amd §18, Gen Assoc L; amd §802, Lim Lil L; amd §1301, N-CP L; amd §§121-902 & 121-1502, Partn L
Versions Introduced in 2017-2018 Legislative Session:
S5889, A5918

2015-S4846 (ACTIVE) - Summary

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.

2015-S4846 (ACTIVE) - Sponsor Memo

2015-S4846 (ACTIVE) - Bill Text download pdf

                            
                    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:

  Section 1. The civil practice law and rules is amended by adding a new
section 301-a to read as follows:
  S 301-A. TERMINATION OF CONSENT  TO  JURISDICTION  IN  CERTAIN  CASES.
WHERE A BUSINESS ORGANIZATION REGISTERED, AUTHORIZED OR DESIGNATED TO DO
BUSINESS  IN  THIS  STATE SURRENDERS, WITHDRAWS OR OTHERWISE REVOKES ITS
REGISTRATION, AUTHORIZATION OR CERTIFICATE OF DESIGNATION,  ITS  CONSENT
TO  JURISDICTION TERMINATES ON THE DATE OF SUCH SURRENDER, WITHDRAWAL OR
REVOCATION.
  S 2. Section 1301 of the business corporation law is amended by adding
a new paragraph (e) to read as follows:
  (E) A FOREIGN CORPORATION'S APPLICATION FOR AUTHORITY TO  DO  BUSINESS
IN  THIS  STATE, WHENEVER FILED, CONSTITUTES CONSENT TO THE JURISDICTION
OF THE COURTS OF THIS STATE FOR ALL ACTIONS AGAINST SUCH CORPORATION.  A
SURRENDER  OF  SUCH APPLICATION SHALL CONSTITUTE A WITHDRAWAL OF CONSENT
TO JURISDICTION.
  S 3. Section 18 of the general associations law is amended by adding a
new subdivision 5 to read as follows:
  5. AN ASSOCIATION'S CERTIFICATE  OF  DESIGNATION  PRESCRIBED  BY  THIS
SECTION,  WHENEVER FILED, CONSTITUTES CONSENT TO THE JURISDICTION OF THE
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

              

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