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Assembly Bill A5258A

2015-2016 Legislative Session

Relates to the annual registration of businesses

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

2015-A5258 - Details

Current Committee:
Assembly Rules
Law Section:
Business Corporation Law
Laws Affected:
Amd §408, BC L; amd §301, Lim Lil L

2015-A5258 - Summary

Relates to the annual registration of businesses.

2015-A5258 - Bill Text download pdf 

                            
                    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:

  Section  1.  The section heading and paragraph 3 of section 408 of the
business corporation law, the section heading as amended by chapter  375
of  the  laws of 1998, paragraph 3 as added by chapter 55 of the laws of
1992 and subparagraph (b) of subdivision 3 as amended by chapter 170  of
the laws of 1994, are amended to read as follows:
  [Biennial] ANNUAL statement; filing.
  3.  For the purpose of this section the applicable filing period for a
corporation shall be  the  calendar  month  during  which  its  original
certificate  of incorporation or application for authority were filed or
the effective date thereof if stated. The applicable filing period shall
only occur: (a) annually, during the period starting on  April  1,  1992
and  ending  on  March 31, 1994; and (b) [biennially] ANNUALLY, during a
period starting on April 1 and ending  on  March  31  thereafter.  Those
corporations  that  filed  between April 1, 1992 and June 30, 1994 shall
not be required to file such statements again until such  time  as  they
would have filed, had this subdivision not been amended.
  S  2.  Subdivision (e) of section 301 of the limited liability company
law, as amended by chapter 643 of the laws of 1995, is amended  to  read
as follows:
  (e)  Every  limited  liability  company to which this chapter applies,
shall [biennially] ANNUALLY in the calendar month during which its arti-
cles of organization or application for authority were filed, or  effec-
tive  date  thereof if stated, file on forms prescribed by the secretary
of state, a statement setting forth the post office  address  within  or
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

2015-A5258A (ACTIVE) - Details

Current Committee:
Assembly Rules
Law Section:
Business Corporation Law
Laws Affected:
Amd §408, BC L; amd §301, Lim Lil L

2015-A5258A (ACTIVE) - Summary

Relates to the annual registration of businesses.

2015-A5258A (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5258--A

                       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 -- 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:

  Section  1.  The section heading and paragraph 3 of section 408 of the
business corporation law, as amended by section 3 of part S  of  chapter
59 of the laws of 2015, are amended to read as follows:
  [Statement] ANNUAL STATEMENT; filing.
  3.  Except  as  provided  in  paragraph eight of this section, for the
purpose of this section the applicable filing period for  a  corporation
shall  be  the  calendar  month during which its original certificate of
incorporation or application for authority were filed or  the  effective
date  thereof  if stated. The applicable filing period shall only occur:
(a) annually, during the period starting on April 1, 1992 and ending  on
March  31, 1994; and (b) [biennially] ANNUALLY, during a period starting
on April 1 and ending on March 31 thereafter.  Those  corporations  that
filed  between  April 1, 1992 and June 30, 1994 shall not be required to
file such statements again until such time as they would have filed, had
this subdivision not been amended.
  S 2. Paragraph 1 of subdivision (e) of  section  301  of  the  limited
liability  company  law, as amended by section 5 of part S of chapter 59
of the laws of 2015, is amended to read as follows:
  (1) Except as otherwise provided in this  subdivision,  every  limited
liability  company  to  which  this  chapter applies, shall [biennially]
ANNUALLY in the calendar month during which its articles of organization
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

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