STATE OF NEW YORK
________________________________________________________________________
5258--A
2015-2016 Regular Sessions
IN ASSEMBLY
February 13, 2015
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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.