senate Bill S9047

Signed By Governor
2021-2022 Legislative Session

Modernizes provisions of law relating to members, directors and officers to align with current practices, streamline procedures and eliminate unnecessary regulatory burdens

download bill text pdf

Sponsored By

Current Bill Status Via A9969 - Signed by Governor


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

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Actions

view actions (10)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Nov 21, 2022 signed chap.614
delivered to governor
Jun 01, 2022 returned to assembly
passed senate
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

S9047 (ACTIVE) - Details

See Assembly Version of this Bill:
A9969
Law Section:
Not-for-Profit Corporation Law
Laws Affected:
Amd §§614, 705 & 708, N-PC L

S9047 (ACTIVE) - Summary

Modernizes provisions of law relating to members, directors and officers to align with current practices, streamline procedures and eliminate unnecessary regulatory burdens.

S9047 (ACTIVE) - Sponsor Memo

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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