Bill Text: NY A05258 | 2015-2016 | General Assembly | Amended

New York Assembly Bill 5258 (Prior Session Legislation)

Bill Title: Relates to the annual registration of businesses.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-06-01 - reported referred to rules [A05258 Detail]

Download: New_York-2015-A05258-Amended.html

                STATE OF NEW YORK
        ________________________________________________________________________
                                         5258--A
                               2015-2016 Regular Sessions
                   IN ASSEMBLY
                                    February 13, 2015
                                       ___________
        Introduced by M. of A. McDONALD -- read once and referred to the Commit-
          tee on Corporations, Authorities and Commissions -- recommitted to the
          Committee  on  Corporations, Authorities and Commissions in accordance
          with Assembly Rule 3, sec. 2 -- committee  discharged,  bill  amended,
          ordered reprinted as amended and recommitted to said committee
        AN  ACT  to amend the business corporation law and the limited liability
          company law, in relation to the annual registration of businesses
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  The section heading and paragraph 3 of section 408 of the
     2  business corporation law, as amended by section 3 of part S  of  chapter
     3  59 of the laws of 2015, are amended to read as follows:
     4    [Statement] Annual statement; filing.
     5    3.  Except  as  provided  in  paragraph eight of this section, for the
     6  purpose of this section the applicable filing period for  a  corporation
     7  shall  be  the  calendar  month during which its original certificate of
     8  incorporation or application for authority were filed or  the  effective
     9  date  thereof  if stated. The applicable filing period shall only occur:
    10  (a) annually, during the period starting on April 1, 1992 and ending  on
    11  March  31, 1994; and (b) [biennially] annually, during a period starting
    12  on April 1 and ending on March 31 thereafter.  Those  corporations  that
    13  filed  between  April 1, 1992 and June 30, 1994 shall not be required to
    14  file such statements again until such time as they would have filed, had
    15  this subdivision not been amended.
    16    § 2. Paragraph 1 of subdivision (e) of  section  301  of  the  limited
    17  liability  company  law, as amended by section 5 of part S of chapter 59
    18  of the laws of 2015, is amended to read as follows:
    19    (1) Except as otherwise provided in this  subdivision,  every  limited
    20  liability  company  to  which  this  chapter applies, shall [biennially]
    21  annually in the calendar month during which its articles of organization
    22  or application for authority were filed, or effective  date  thereof  if
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08716-02-6

        A. 5258--A                          2
     1  stated,  file on forms prescribed by the secretary of state, a statement
     2  setting forth the post office address within or without  this  state  to
     3  which  the  secretary of state shall mail a copy of any process accepted
     4  against  it  served  upon  him  or her. Such address shall supersede any
     5  previous address on file with the department of state for this purpose.
     6    § 3. This act shall take effect immediately.