Assembly Bill A7769

Vetoed By Governor
2021-2022 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

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Sponsored By

Archive: Last Bill Status - Vetoed by Governor


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

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2021-A7769 (ACTIVE) - Details

See Senate Version of this Bill:
S7253
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:
2019-2020: A7595, S6352
2023-2024: A7351

2021-A7769 (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.

2021-A7769 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7769
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 21, 2021
                                ___________
 
 Introduced  by  M. of A. WEINSTEIN -- (at request of the Office of Court
   Administration) -- read once and referred to the Committee on  Judici-
   ary
 
 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.
                                                            LBD10576-01-1
              

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