Assembly Actions -
Senate Actions - UPPERCASE
|Jun 01, 2022
returned to assembly
3rd reading cal.1825
substituted for s9047
|Jun 01, 2022
substituted by a9969
ordered to third reading cal.1825
committee discharged and committed to rules
|May 05, 2022
referred to corporations, authorities and commissions
Senate Bill S9047
2021-2022 Legislative Session
Archive: Last Bill Status Via A9969 - Passed Senate
- In Committee Assembly
- On Floor Calendar Assembly
- Passed Assembly
- Delivered to Governor
- Signed By Governor
2021-S9047 (ACTIVE) - Details
- See Assembly Version of this Bill:
- Law Section:
- Not-for-Profit Corporation Law
- Laws Affected:
- Amd §§614, 705 & 708, N-PC L
2021-S9047 (ACTIVE) - Sponsor Memo
BILL NUMBER: S9047 SPONSOR: COMRIE TITLE OF BILL: An act to amend the not-for-profit corporation law, in relation to modernizing such law to align with current practices, streamlining procedures, and eliminating unnecessary regulatory burdens PURPOSE: Relates to the modernization of not-for-profit law to align with current industry practices related to board member voting and increased usage of electronic portal technology. SUMMARY OF PROVISIONS: Section 1. Amends paragraph (a) of section 614 of the not-for-profit 'corporation law to explicitly allow unanimous consent of members to act without a meeting by electronic means in addition to "electronic mail". Section 2. Amends paragraph (c) on section 705 of the not-for-profit
2021-S9047 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 9047 I N S E N A T E May 5, 2022 ___________ Introduced by Sen. COMRIE -- read twice and ordered printed, and when printed to be committed to the Committee on Corporations, Authorities and Commissions AN ACT to amend the not-for-profit corporation law, in relation to modernizing such law to align with current practices, streamlining procedures, and eliminating unnecessary regulatory burdens THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph (a) of section 614 of the not-for-profit corpo- ration law, as amended by chapter 358 of the laws of 2015, is amended to read as follows: (a) Whenever, under this chapter, members are required or permitted to take any action by vote, such action may be taken without a meeting upon the consent of all of the members entitled to vote thereon, which consent shall set forth the action so taken. Such consent may be written or electronic. If written, the consent must be executed by the member or the member's authorized officer, director, employee or agent by signing such consent or causing his or her signature to be affixed to such consent by any reasonable means including but not limited to facsimile signature. If electronic, the transmission of the consent must be sent by electronic mail OR OTHER ELECTRONIC MEANS and set forth, or be submitted with, information from which it can reasonably be determined that the transmission was authorized by the member. This paragraph shall not be construed to alter or modify any provision in a certificate of incorporation not inconsistent with this chapter under which the written consent of less than all of the members is sufficient for corporate action. § 2. Paragraph (c) of section 705 of the not-for-profit corporation law is amended to read as follows: (c) [A] UNLESS OTHERWISE PROVIDED IN THE CERTIFICATE OF INCORPORATION OR BYLAWS, A director elected or appointed to fill a vacancy IN AN UNEX- PIRED TERM shall hold office until the [next annual meeting at which the election of directors is in the regular order of business] END OF THE TERM WHICH THE DIRECTOR WAS ELECTED OR APPOINTED TO FILL, OR FOR A TERM EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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