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

Current Bill Status - In Senate Committee Rules Committee


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

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Actions

view actions (3)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 20, 2019 recommitted to rules
Jun 17, 2019 ordered to third reading cal.1450
Jun 06, 2019 referred to rules

Votes

view votes

Jun 17, 2019 - Rules committee Vote

S6352
13
4
committee
13
Aye
4
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Rules committee vote details

S6352 (ACTIVE) - Details

See Assembly Version of this Bill:
A7595
Current Committee:
Senate Rules
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) - 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.

S6352 (ACTIVE) - Sponsor Memo

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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