Assembly Actions - Lowercase Senate Actions - UPPERCASE |
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Jan 08, 2020 | referred to judiciary |
Jun 20, 2019 | recommitted to rules |
Jun 17, 2019 | ordered to third reading cal.1450 |
Jun 06, 2019 | referred to rules |
senate Bill S6352
2019-2020 Legislative Session
Sponsored By
Anna M. Kaplan
(D, IP, WF) 7th Senate District
Archive: Last Bill Status - In Senate Committee Judiciary Committee
- Introduced
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
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S6352 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A7595
- Current Committee:
- Senate Judiciary
- 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
S6352 (ACTIVE) - Sponsor Memo
BILL NUMBER: S6352 SPONSOR: KAPLAN 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 part- nership 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 his 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 for general (all-purpose) personal jurisdiction over foreign corporations authorized to do business in New York. In so doing, the measure serves a substan- tial 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
S6352 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6352 2019-2020 Regular Sessions I N S E N A T E June 6, 2019 ___________ Introduced by Sen. KAPLAN -- (at request of the Office of Court Adminis- tration) -- read twice and ordered printed, and when printed to be committed to the Committee on Rules 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. LBD11616-01-9
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