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N.Y. Bus. Corp. Law § 1509

Disqualification of shareholders, directors, officers and employees

Redline — January 1, 2015 → current.View current text →
Current — January 1, 2024
As of January 1, 2015
§ 1509. Disqualification of shareholders, directors, officers and\n employees.\n If any shareholder, director, officer or employee of a professional\nservice corporation, including a design professional service\ncorporation, who has been rendering professional service to the public\nbecomes legally disqualified to practice his profession within this\nstate, he shall sever all employment with, and financial interests\n(other than interests as a creditor) in, such corporation forthwith or\nas otherwise provided in section 1510 of this article. All provisions of\nlaw regulating the rendering of professional services by a person\nelected or appointed to a public office shall be applicable to a\nshareholder, director, officer and employee of such corporation in the\nsame manner and to the same extent as if fully set forth herein. Such\nlegal disqualification to practice his profession within this state\nshall be deemed to constitute an irrevocable offer by the disqualified\nshareholder to sell his shares to the corporation, pursuant to the\nprovisions of section 1510 of this article or of the certificate of\nincorporation, by-laws or agreement among the corporation and all\nshareholders, whichever is applicable. Compliance with the terms of such\noffer shall be specifically enforceable in the courts of this state. A\nprofessional service corporation's failure to enforce compliance with\nthis provision shall constitute a ground for forfeiture of its\ncertificate of incorporation and its dissolution.\n
§ 1509. Disqualification of shareholders, directors, officers and\n employees.\n If any shareholder, director, officer or employee of a professional\nservice corporation, including a design professional service\ncorporation, who has been rendering professional service to the public\nbecomes legally disqualified to practice his or her profession within\nthis state, he or she shall sever all employment with, and financial\ninterests (other than interests as a creditor) in, such corporation\nforthwith or as otherwise provided in section 1510 of this article. All\nprovisions of law regulating the rendering of professional services by a\nperson elected or appointed to a public office shall be applicable to a\nshareholder, director, officer and employee of such corporation in the\nsame manner and to the same extent as if fully set forth herein. Such\nlegal disqualification to practice his or her profession within this\nstate shall be deemed to constitute an irrevocable offer by the\ndisqualified shareholder to sell his or her shares to the corporation,\npursuant to the provisions of section 1510 of this article or of the\ncertificate of incorporation, by-laws or agreement among the corporation\nand all shareholders, whichever is applicable. Compliance with the terms\nof such offer shall be specifically enforceable in the courts of this\nstate. A professional service corporation's failure to enforce\ncompliance with this provision shall constitute a ground for forfeiture\nof its certificate of incorporation and its dissolution.\n

Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.