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A09576 Summary:

A09576 Actions:

A09576 Floor Votes:

A09576 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9576
 
                   IN ASSEMBLY
 
                                       May 8, 2014
                                       ___________
 
        Introduced  by  M. of A. WEINSTEIN -- (at request of the Office of Court
          Administration) -- read once and referred to the Committee on  Judici-
          ary
 
        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:
 
     1    Section 1. The civil practice law and rules is amended by adding a new
     2  section 301-a to read as follows:
     3    § 301-a. Termination of consent  to  jurisdiction  in  certain  cases.
     4  Where a business organization registered, authorized or designated to do
     5  business  in  this  state surrenders, withdraws or otherwise revokes its
     6  registration, authorization or certificate of designation,  its  consent
     7  to  jurisdiction terminates on the date of such surrender, withdrawal or
     8  revocation.
     9    § 2. Section 1301 of the business corporation law is amended by adding

    10  a new paragraph (e) to read as follows:
    11    (e) A foreign corporation's application for authority to  do  business
    12  in  this  state, whenever filed, constitutes consent to the jurisdiction
    13  of the courts of this state for all actions against such corporation.  A
    14  surrender of such application shall constitute a withdrawal  of  consent
    15  to jurisdiction.
    16    § 3. Section 18 of the general associations law is amended by adding a
    17  new subdivision 5 to read as follows:
    18    5.  An  association's  certificate  of  designation prescribed by this
    19  section, whenever filed, constitutes consent to the jurisdiction of  the
    20  courts  of this state for all actions against such association.  A revo-
    21  cation of such designation shall constitute a withdrawal of  consent  to

    22  jurisdiction.
    23    §  4.  Section  802 of the limited liability company law is amended by
    24  adding a new subdivision (c) to read as follows:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14556-02-4
        A. 9576                             2
 
     1    (c) A foreign limited liability company's application for authority to
     2  do business in this state, whenever filed, constitutes  consent  to  the
     3  jurisdiction  of  the  courts of this state for all actions against such
     4  limited liability company.    A  surrender  of  such  application  shall
     5  constitute a withdrawal of consent to jurisdiction.

     6    §  5. Section 1301 of the not-for-profit corporation law is amended by
     7  adding a new paragraph (e) to read as follows:
     8    (e) A foreign  corporation's  application  for  authority  to  conduct
     9  activities  in  this  state,  whenever filed, constitutes consent to the
    10  jurisdiction of the courts of this state for all  actions  against  such
    11  corporation  unless such corporation is exempt from any law requiring it
    12  to designate the secretary of state as agent  of  the  corporation  upon
    13  whom  process  against  it  may be served and it has made no such desig-
    14  nation.  A surrender of such application shall constitute  a  withdrawal
    15  of consent to jurisdiction.
    16    § 6. Section 121-902 of the partnership law is amended by adding a new
    17  subdivision (e) to read as follows:

    18    (e)  A  foreign  limited partnership's application for authority to do
    19  business in this state,  whenever  filed,  constitutes  consent  to  the
    20  jurisdiction  of  the  courts of this state for all actions against such
    21  foreign limited partnership.   A surrender  of  such  application  shall
    22  constitute a withdrawal of consent to jurisdiction.
    23    §  7.  Section  121-1502 of the partnership law is amended by adding a
    24  new subdivision (r) to read as follows:
    25    (r) A foreign limited liability partnership's notice to  carry  on  or
    26  conduct  or  transact  business  or  activities as a New York registered
    27  foreign limited liability partnership in  this  state,  whenever  filed,
    28  constitutes  consent to the jurisdiction of the courts of this state for

    29  all actions against such foreign limited liability partnership.  A with-
    30  drawal of such notice shall constitute a withdrawal of consent to juris-
    31  diction.
    32    § 8. This act shall take effect on the first of January next  succeed-
    33  ing the date on which it shall have became a law.