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A07476 Summary:

BILL NOA07476
 
SAME ASSAME AS S05939
 
SPONSORSteck
 
COSPNSR
 
MLTSPNSR
 
 
Permits the Albany Cemetery Association to file a certificate of amendment of certificate of incorporation with the department of state within one year of the effective date.
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A07476 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A7476
 
SPONSOR: Steck
  TITLE OF BILL: An act in relation to permitting the Albany Cemetery Association to file a certificate of amendment of certificate of incorporation with the department of state   PURPOSE: This legislation would authorize the secretary of state to accept for filing from the Albany Cemetery Association, an application for a certificate of amendment of certificate of incorporation pursuant to section 803 of the not-for-profit corporation law.   SUMMARY OF PROVISIONS: Section 1 would authorize the secretary of state to accept for filing from Albany Cemetery Association, located in the county of Albany, an application for a certificate of amendment. The filing would be required within one year of the effective date of this act.   JUSTIFICATION: The Albany Cemetery Association was created by a special act of the Legislature in 1841. The Legislature amended the Charter in 1869. The Albany Cemetery Association has been a not-for-profit state regulated entity. Since the cemetery was created by a special act of the legislature, the department of state does not have the corporation in its database of corporations which prevents Albany Cemetery from filing any updates to its certificate of incorporation to comply with changes in the law. This situation also means that since the corporation is not listed in state databases, lenders will not extend credit for equipment and the federal government will not process veteran services payments without a valid state corporate status in their vendor system (System for Award Manage- ment (SAM). This bill would allow Albany Cemetery Association to file a certificate of amendment of their special act certificate of incorporation with the secretary of state to comply with changes in the not-for-profit corpo- ration law. This bill would also affirm the not-for-profit status of the organization.   LEGISLATIVE HISTORY: New bill.   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: This act shall take effect immediately.
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A07476 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7476
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                      May 24, 2023
                                       ___________
 
        Introduced  by M. of A. STECK -- read once and referred to the Committee
          on Corporations, Authorities and Commissions
 
        AN ACT in relation to permitting the Albany Cemetery Association to file
          a certificate of amendment of certificate of  incorporation  with  the
          department of state

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Notwithstanding any other provision of law to the contrary,
     2  the department of state is hereby authorized to accept for  filing  from
     3  the  Albany  Cemetery  Association,  located in the county of Albany, an
     4  application for a certificate of amendment of  certificate  of  incorpo-
     5  ration  pursuant  to  section  803 of the not-for-profit corporation law
     6  within one year of the effective date of this act.
     7    Notwithstanding any other provision of law to the contrary, the Albany
     8  Cemetery Association is and shall have  been  considered  a  corporation
     9  within  the meaning of subparagraph 5 of paragraph (a) of section 102 of
    10  the not-for-profit corporation law.
    11    § 2. This act shall take effect immediately.
 
 
 
 

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10417-01-3
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