Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Nov 28, 2016 |
signed chap.451 |
Nov 16, 2016 |
delivered to governor |
Jun 15, 2016 |
returned to assembly passed senate 3rd reading cal.364 substituted for s5996b |
Jun 14, 2016 |
referred to rules delivered to senate passed assembly |
Jun 09, 2016 |
amended on third reading 8116c |
Apr 07, 2016 |
advanced to third reading cal.486 |
Apr 05, 2016 |
reported |
Feb 09, 2016 |
reported referred to codes |
Jan 06, 2016 |
referred to corporations, authorities and commissions |
Jun 19, 2015 |
print number 8116b |
Jun 19, 2015 |
amend (t) and recommit to corporations, authorities and commissions |
Jun 18, 2015 |
amend by restoring to original print 8116 |
Jun 17, 2015 |
amend and recommit to corporations, authorities and commissions |
Jun 09, 2015 |
referred to corporations, authorities and commissions |
Jun 17, 2015 |
print number 8116a |
Assembly Bill A8116C
Signed By Governor2015-2016 Legislative Session
Sponsored By
PERRY
Archive: Last Bill Status - Signed by Governor
- 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
Actions
Votes
Bill Amendments
2015-A8116 - Details
- See Senate Version of this Bill:
- S5996
- Law Section:
- Not-for-Profit Corporation Law
2015-A8116 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8116 2015-2016 Regular Sessions I N A S S E M B L Y June 9, 2015 ___________ Introduced by M. of A. PERRY -- read once and referred to the Committee on Corporations, Authorities and Commissions AN ACT to amend the not-for-profit corporation law, in relation to allowing certain entities to convert their status of filing as a not- for-profit organization to a for-profit entity THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 104 of the not-for-profit corporation law is amended by adding a new paragraph (h) to read as follows: (H) A BUSINESS INADVERTENTLY INCORPORATED, AS A NOT-FOR-PROFIT CORPO- RATION UNDER SECTION FOUR HUNDRED TWO OF THIS CHAPTER SHALL BE PERMITTED TO CONVERT ITS STATUS OF FILING AS A NOT-FOR-PROFIT CORPORATION TO A FOR-PROFIT CORPORATION UNDER SECTION FOUR HUNDRED TWO OF THE BUSINESS CORPORATION LAW IF THE INCORPORATOR OR INCORPORATORS SUBMIT SWORN STATE- MENTS UNDER THE PENALTIES OF PERJURY CERTIFYING THE FOLLOWING: (1) THE INADVERTENT FILING WAS DUE TO IGNORANCE OF THE LAW AND THAT LEGAL ADVICE HAD NOT BEEN SOUGHT OR RECEIVED AS TO THE APPROPRIATE COURSE OF ACTION THAT WOULD HAVE RESULTED IN CORRECT REGISTRATION ALLOW- ING FOR THE INTENDED FOR-PROFIT OPERATION OF THE ENTITY; (2) THE ENTITY AT NO TIME RECEIVED THE BENEFITS AND/OR PRIVILEGES OF BEING RECOGNIZED AS A NOT-FOR-PROFIT CORPORATION, SUCH AS BEING EXEMPT FROM INCURRING ANY LOCAL, STATE, OR FEDERAL TAXES; (3) THE ENTITY THROUGHOUT ITS OPERATION REGISTERED AS A NOT-FOR-PROFIT CORPORATION DID NOT AT ANY TIME SOLICIT AND/OR RECEIVE ANY PRIVATE AND/OR PUBLIC GRANTS OR CHARITABLE DONATIONS; AND (4) THE OFFICE OF THE ATTORNEY GENERAL HAS NOT FILED AN OBJECTION TO THE CONVERSION. S 2. This act shall take effect on the thirtieth day after it shall have become a law. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11296-04-5
2015-A8116A - Details
- See Senate Version of this Bill:
- S5996
- Law Section:
- Not-for-Profit Corporation Law
2015-A8116A - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8116--A 2015-2016 Regular Sessions I N A S S E M B L Y June 9, 2015 ___________ Introduced by M. of A. PERRY -- read once and referred to the Committee on Corporations, Authorities and Commissions -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the not-for-profit corporation law, in relation to allowing certain entities to convert their status of filing as a not- for-profit organization to a for-profit entity THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 104 of the not-for-profit corporation law is amended by adding a new paragraph (h) to read as follows: (H) A BUSINESS INCORRECTLY INCORPORATED, AS A NOT-FOR-PROFIT CORPO- RATION UNDER SECTION FOUR HUNDRED TWO OF THIS CHAPTER SHALL BE PERMITTED TO CONVERT ITS STATUS OF FILING AS A NOT-FOR-PROFIT CORPORATION TO A FOR-PROFIT CORPORATION UNDER SECTION FOUR HUNDRED TWO OF THE BUSINESS CORPORATION LAW IF THE INCORPORATOR OR INCORPORATORS SUBMIT TO THE ATTORNEY GENERAL SWORN STATEMENTS UNDER THE PENALTIES OF PERJURY CERTI- FYING THE FOLLOWING: (1) THAT LEGAL ADVICE HAD NOT BEEN SOUGHT OR RECEIVED AS TO THE APPRO- PRIATE COURSE OF ACTION THAT WOULD HAVE RESULTED IN CORRECT REGISTRATION ALLOWING FOR THE INTENDED FOR-PROFIT OPERATION OF THE ENTITY; (2) THE ENTITY AT NO TIME RECEIVED THE BENEFITS AND/OR PRIVILEGES OF BEING RECOGNIZED AS A NOT-FOR-PROFIT CORPORATION, SUCH AS BEING EXEMPT FROM INCURRING ANY LOCAL, STATE, OR FEDERAL TAXES; (3) THE ENTITY THROUGHOUT ITS OPERATION AS A NOT-FOR-PROFIT CORPO- RATION DID NOT AT ANY TIME SOLICIT AND/OR RECEIVE ANY PRIVATE AND/OR PUBLIC GRANTS OR CHARITABLE DONATIONS; AND (4) THE OFFICE OF THE ATTORNEY GENERAL HAS NOT RAISED ANY OBJECTIONS TO THE PROPOSED CONVERSION. S 2. This act shall take effect on the thirtieth day after it shall have become a law. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11296-05-5
2015-A8116B - Details
- See Senate Version of this Bill:
- S5996
- Law Section:
- Not-for-Profit Corporation Law
2015-A8116B - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8116--B 2015-2016 Regular Sessions I N A S S E M B L Y June 9, 2015 ___________ Introduced by M. of A. PERRY -- read once and referred to the Committee on Corporations, Authorities and Commissions -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to allow certain entities to convert their status of filing as a not-for-profit organization to a for-profit entity; and providing for the repeal of such provisions upon expiration thereof THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Notwithstanding any provision of law to the contrary, a business incorrectly incorporated, as a not-for-profit corporation under section four hundred two of the not-for-profit corporation law shall be permitted to convert its status of filing as a not-for-profit corpo- ration to a for-profit corporation under section four hundred two of the business corporation law if the incorporator or incorporators submit to the attorney general sworn statements under the penalties of perjury certifying the following: (1) that legal advice had not been sought or received as to the appro- priate course of action that would have resulted in correct registration allowing for the intended for-profit operation of the entity; (2) the entity at no time received the benefits and/or privileges of being recognized as a not-for-profit corporation, such as being exempt from incurring any local, state, or federal taxes; (3) the entity throughout its operation as a not-for-profit corpo- ration did not at any time solicit and/or receive any private and/or public grants or charitable donations; and (4) the office of the attorney general has not raised any objections to the proposed conversion. S 2. This act shall take effect immediately and shall expire and be deemed repealed one hundred eighty days after such date. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11296-11-5
2015-A8116C (ACTIVE) - Details
- See Senate Version of this Bill:
- S5996
- Law Section:
- Not-for-Profit Corporation Law
2015-A8116C (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8116--C Cal. No. 486 2015-2016 Regular Sessions I N A S S E M B L Y June 9, 2015 ___________ Introduced by M. of A. PERRY -- read once and referred to the Committee on Corporations, Authorities and Commissions -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- reported and referred to the Committee on Codes -- reported from committee, advanced to a third reading, amended and ordered reprinted, retaining its place on the order of third reading AN ACT to allow certain entities to convert their status of filing as a not-for-profit organization to a for-profit entity; and providing for the repeal of such provisions upon expiration thereof THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Notwithstanding any provision of law to the contrary, a business incorrectly incorporated, as a not-for-profit corporation under section four hundred two of the not-for-profit corporation law shall be permitted to convert its status of filing as a not-for-profit corpo- ration to a for-profit corporation under section four hundred two of the business corporation law if the incorporator or incorporators submit to the attorney general sworn statements under the penalties of perjury certifying the following: (1) that legal advice had not been sought or received as to the appro- priate course of action that would have resulted in correct registration allowing for the intended for-profit operation of the entity; (2) the entity at no time received the benefits and/or privileges of being recognized as a not-for-profit corporation, such as being exempt from incurring any local, state, or federal taxes; (3) the entity throughout its operation as a not-for-profit corpo- ration did not at any time solicit and/or receive any private and/or public grants or charitable donations; and (4) the office of the attorney general has provided written indi- cations that either it does not object to, or it approves of, the proposed conversion. S 2. This act shall take effect immediately and shall expire and be deemed repealed one hundred eighty days after such date.
Comments
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.