The New York State Senate

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

                                  7595

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                              May 13, 2019
                               ___________

Introduced  by M. of A. WEINSTEIN, DINOWITZ -- (at request of the Office
  of Court Administration) -- read once and referred 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:
  §  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

A. 7595                             2

TION  OF  SUCH  DESIGNATION  SHALL CONSTITUTE A WITHDRAWAL OF CONSENT TO
JURISDICTION.
  §  4.  Section  802 of the limited liability company law is amended by
adding a new subdivision (c) to read as follows:
  (C) A FOREIGN LIMITED LIABILITY COMPANY'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
LIMITED LIABILITY COMPANY. A SURRENDER OF SUCH APPLICATION SHALL CONSTI-
TUTE A WITHDRAWAL OF CONSENT TO JURISDICTION.
  § 5. Section 1301 of the not-for-profit corporation law is amended  by
adding a new paragraph (e) to read as follows:
  (E)  A  FOREIGN  CORPORATION'S  APPLICATION  FOR  AUTHORITY TO CONDUCT
ACTIVITIES IN THIS STATE, WHENEVER FILED,  CONSTITUTES  CONSENT  TO  THE
JURISDICTION  OF  THE  COURTS OF THIS STATE FOR ALL ACTIONS AGAINST SUCH
CORPORATION UNLESS SUCH CORPORATION IS EXEMPT FROM ANY LAW REQUIRING  IT
TO  DESIGNATE  THE  SECRETARY  OF STATE AS AGENT OF THE CORPORATION UPON
WHOM PROCESS AGAINST IT MAY BE SERVED AND IT HAS  MADE  NO  SUCH  DESIG-
NATION. A SURRENDER OF SUCH APPLICATION SHALL CONSTITUTE A WITHDRAWAL OF
CONSENT TO JURISDICTION.
  § 6. Section 121-902 of the partnership law is amended by adding a new
subdivision (e) to read as follows:
  (E)  A  FOREIGN  LIMITED PARTNERSHIP'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
FOREIGN LIMITED PARTNERSHIP.  A  SURRENDER  OF  SUCH  APPLICATION  SHALL
CONSTITUTE A WITHDRAWAL OF CONSENT TO JURISDICTION.
  §  7.  Section  121-1502 of the partnership law is amended by adding a
new subdivision (r) to read as follows:
  (R) A FOREIGN LIMITED LIABILITY PARTNERSHIP'S NOTICE TO  CARRY  ON  OR
CONDUCT  OR  TRANSACT  BUSINESS  OR  ACTIVITIES AS A NEW YORK REGISTERED
FOREIGN LIMITED LIABILITY PARTNERSHIP IN  THIS  STATE,  WHENEVER  FILED,
CONSTITUTES  CONSENT TO THE JURISDICTION OF THE COURTS OF THIS STATE FOR
ALL ACTIONS AGAINST SUCH FOREIGN LIMITED LIABILITY PARTNERSHIP. A  WITH-
DRAWAL OF SUCH NOTICE SHALL CONSTITUTE A WITHDRAWAL OF CONSENT TO JURIS-
DICTION.
  §  8. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.