assembly Bill A5918

2017-2018 Legislative Session

Provides that a foreign corporation's application for authority to do business in this state constitutes consent to jurisdiction of the courts of this state

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Archive: Last Bill Status - On Floor Calendar


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 03, 2018 ordered to third reading cal.421
Mar 09, 2017 advanced to third reading cal.126
Mar 07, 2017 reported
Feb 17, 2017 referred to judiciary

Co-Sponsors

A5918 (ACTIVE) - Details

See Senate Version of this Bill:
S5889
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-CP L; amd §§121-902 & 121-1502, Partn L
Versions Introduced in 2015-2016 Legislative Session:
A6714, S4846

A5918 (ACTIVE) - Summary

Provides that a foreign corporation's application for authority to do business in this state constitutes consent to jurisdiction of the courts of this state and a surrender of such application constitutes withdrawal of such consent.

A5918 (ACTIVE) - Bill Text download pdf


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

                                  5918

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                            February 17, 2017
                               ___________

Introduced  by  M. of A. WEINSTEIN -- (at request of the Office of Court
  Administration) -- read once and referred to the Committee on  Judici-
  ary

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:
  § 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.
  § 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.
  § 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 REVOCA-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06510-01-7