Public-domain · open source
OpenJurist

N.Y. Bus. Corp. Law § 408

Biennial statement; filing

Showing this section's text as in effect on January 1, 2015 (in force January 1, 2015 – January 1, 2016). View current text →

§ 408. Biennial statement; filing.\n 1. Each domestic corporation, and each foreign corporation authorized\nto do business in this state, shall, during the applicable filing period\nas determined by subdivision three of this section, file a statement\nsetting forth:\n (a) The name and business address of its chief executive officer.\n (b) The street address of its principal executive office.\n (c) The post office address within or without this state to which the\nsecretary of state shall mail a copy of any process against it served\nupon him or her. Such address shall supersede any previous address on\nfile with the department of state for this purpose.\n 2. Such statement shall be made on forms prescribed by the secretary\nof state, and the information therein contained shall be given as of the\ndate of the execution of the statement. Such statement shall only\nrequest reporting of information required under paragraph one of this\nsection. It shall be signed and delivered to the department of state.\n 3. For the purpose of this section the applicable filing period for a\ncorporation shall be the calendar month during which its original\ncertificate of incorporation or application for authority were filed or\nthe effective date thereof if stated. The applicable filing period shall\nonly occur: (a) annually, during the period starting on April 1, 1992\nand ending on March 31, 1994; and (b) biennially, during a period\nstarting on April 1 and ending on March 31 thereafter. Those\ncorporations that filed between April 1, 1992 and June 30, 1994 shall\nnot be required to file such statements again until such time as they\nwould have filed, had this subdivision not been amended.\n 4. The provisions of subdivision eleven of section ninety-six of the\nexecutive law and paragraph (g) of section one hundred four of this\nchapter shall not be applicable to filings pursuant to this section.\n 5. The provisions of this section and section 409 of this article\nshall not apply to a farm corporation. For the purposes of this\nsubdivision, the term "farm corporation" shall mean any domestic\ncorporation or foreign corporation authorized to do business in this\nstate under this chapter engaged in the production of crops, livestock\nand livestock products on land used in agricultural production, as\ndefined in section 301 of the agriculture and markets law.\n 6. No such statement shall be accepted for filing when a certificate\nof resignation for receipt of process has been filed under section three\nhundred six-A of this chapter unless the corporation has stated a\ndifferent address for process which does not include the name of the\nparty previously designated in the address for process in such\ncertificate.\n 7. A domestic corporation or foreign corporation may amend its\nstatement to change the information required by subdivisions (a) and (b)\nof paragraph one of this section. Such amendment shall be made on forms\nprescribed by the secretary of state. It shall be signed and delivered\nto the department of state.\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.