S T A T E O F N E W Y O R K
________________________________________________________________________
5258
2015-2016 Regular Sessions
I N A S S E M B L Y
February 13, 2015
___________
Introduced by M. of A. McDONALD -- read once and referred to the Commit-
tee on Corporations, Authorities and Commissions
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, the section heading as amended by chapter 375
3 of the laws of 1998, paragraph 3 as added by chapter 55 of the laws of
4 1992 and subparagraph (b) of subdivision 3 as amended by chapter 170 of
5 the laws of 1994, are amended to read as follows:
6 [Biennial] ANNUAL statement; filing.
7 3. For the purpose of this section the applicable filing period for a
8 corporation shall be the calendar month during which its original
9 certificate of incorporation or application for authority were filed or
10 the effective date thereof if stated. The applicable filing period shall
11 only occur: (a) annually, during the period starting on April 1, 1992
12 and ending on March 31, 1994; and (b) [biennially] ANNUALLY, during a
13 period starting on April 1 and ending on March 31 thereafter. Those
14 corporations that filed between April 1, 1992 and June 30, 1994 shall
15 not be required to file such statements again until such time as they
16 would have filed, had this subdivision not been amended.
17 S 2. Subdivision (e) of section 301 of the limited liability company
18 law, as amended by chapter 643 of the laws of 1995, is amended to read
19 as follows:
20 (e) Every limited liability company to which this chapter applies,
21 shall [biennially] ANNUALLY in the calendar month during which its arti-
22 cles of organization or application for authority were filed, or effec-
23 tive date thereof if stated, file on forms prescribed by the secretary
24 of state, a statement setting forth the post office address within or
25 without this state to which the secretary of state shall mail a copy of
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08716-01-5
A. 5258 2
1 any process accepted against it served upon him or her. Such address
2 shall supersede any previous address on file with the department of
3 state for this purpose.
4 S 3. This act shall take effect immediately.