Senate Bill S6352

2019-2020 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

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Judiciary Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2019-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
Versions Introduced in Other Legislative Sessions:
2021-2022: S7253, A7769, A10469
2023-2024: A7351

2019-S6352 (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.

2019-S6352 (ACTIVE) - Sponsor Memo

2019-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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