|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jun 20, 2014||committed to rules|
restored to third reading
|Jun 03, 2014||substituted by a9576|
|May 05, 2014||advanced to third reading|
|Apr 30, 2014||2nd report cal.|
|Apr 29, 2014||1st report cal.427|
|Apr 23, 2014||referred to judiciary|
senate Bill S7078
Archive: Last Bill Status - In Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S7078 - Details
- See Assembly Version of this Bill:
- Current Committee:
- Law Section:
- Civil Practice Law and Rules
- Laws Affected:
- Add §301-a, CPLR; amd §1301, BC L; amd §18, Gen Assoc L; amd §802, Lim Lil L; amd §1301, N-PC L; amd §§121-902 & 121-1502, Partn L
S7078 - Summary
Relates to consent to general jurisdiction by foreign business organizations authorized to do business in New York.
S7078 - Sponsor Memo
BILL NUMBER:S7078 TITLE OF BILL: An act to amend the civil practice law and rules, the business corporation law, the general associations law, the limited liability company 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 This is one in a series of measures being introduced at the request of the Chief Administrative Judge upon the recommendation of her Advisory Committee on Civil Practice. This measure would amend § 1301 of the Business Corporation Law (BCL) to reinforce the continuing viability of consent as a basis of general (all-purpose) personal jurisdiction over foreign corporations authorized to do business in New York. In so doing, the measure serves a substantial public interest. Being able to sue New York-licensed corporations in New York on claims that arose elsewhere will save New York residents and others the expense and inconvenience of traveling to distant forums to seek the enforcement of corporate obligations. The measure likewise amends the General Associations Law, the Limited Liability Company Law, the Not-for-Profit Corporation Law, and the Partnership Law to encompass other similarly situated foreign business organizations that must register to do business in New York. Until recently, a foreign corporation doing business in New York could
S7078 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7078 I N S E N A T E April 23, 2014 ___________ Introduced by Sen. BONACIC -- (at request of the Office of Court Admin- istration) -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary 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: Section 1. The civil practice law and rules is amended by adding a new section 301-a to read as follows: S 301-A. TERMINATION OF CONSENT TO JURISDICTION IN CERTAIN CASES. WHERE A BUSINESS ORGANIZATION REGISTERED, AUTHORIZED OR DESIGNATED TO DO BUSINESS IN THIS STATE SURRENDERS, WITHDRAWS OR OTHERWISE REVOKES ITS REGISTRATION, AUTHORIZATION OR CERTIFICATE OF DESIGNATION, ITS CONSENT TO JURISDICTION TERMINATES ON THE DATE OF SUCH SURRENDER, WITHDRAWAL OR REVOCATION. S 2. Section 1301 of the business corporation law is amended by adding a new paragraph (e) to read as follows: (E) A FOREIGN CORPORATION'S APPLICATION FOR AUTHORITY TO DO BUSINESS IN THIS STATE, WHENEVER FILED, CONSTITUTES CONSENT TO THE JURISDICTION OF THE COURTS OF THIS STATE FOR ALL ACTIONS AGAINST SUCH CORPORATION. A SURRENDER OF SUCH APPLICATION SHALL CONSTITUTE A WITHDRAWAL OF CONSENT TO JURISDICTION. S 3. Section 18 of the general associations law is amended by adding a new subdivision 5 to read as follows: 5. AN ASSOCIATION'S CERTIFICATE OF DESIGNATION PRESCRIBED BY THIS SECTION, WHENEVER FILED, CONSTITUTES CONSENT TO THE JURISDICTION OF THE COURTS OF THIS STATE FOR ALL ACTIONS AGAINST SUCH ASSOCIATION. A REVO- CATION OF SUCH DESIGNATION SHALL CONSTITUTE A WITHDRAWAL OF CONSENT TO JURISDICTION. S 4. Section 802 of the limited liability company law is amended by 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.
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