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SECTION 408
Statement; filing
Business Corporation (BSC) CHAPTER 4, ARTICLE 4
§ 408. Statement; filing.

1. Except as provided in paragraph eight of this section, each
domestic corporation, and each foreign corporation authorized to do
business in this state, shall, during the applicable filing period as
determined by subdivision three of this section, file a statement
setting forth:

(a) The name and business address of its chief executive officer.

(b) The street address of its principal executive office.

(c) The post office address within or without this state to which the
secretary of state shall mail a copy of any process against it served
upon him or her. Such address shall supersede any previous address on
file with the department of state for this purpose.

(d) The number of directors constituting the board and how many
directors of such board are women.

2. Except as provided in paragraph eight of this section, such
statement shall be made on forms prescribed by the secretary of state,
and the information therein contained shall be given as of the date of
the execution of the statement. Such statement shall only request
reporting of information required under paragraph one of this section.
It shall be signed and delivered to the department of state.

3. Except as provided in paragraph eight of this section, for the
purpose of this section the applicable filing period for a corporation
shall be the calendar month during which its original certificate of
incorporation or application for authority were filed or the effective
date thereof if stated. The applicable filing period shall only occur:
(a) annually, during the period starting on April 1, 1992 and ending on
March 31, 1994; and (b) biennially, during a period starting on April 1
and ending on March 31 thereafter. Those corporations that filed between
April 1, 1992 and June 30, 1994 shall not be required to file such
statements again until such time as they would have filed, had this
subdivision not been amended.

4. The provisions of paragraph (g) of section one hundred four of this
chapter shall not be applicable to filings pursuant to this section.

5. The provisions of this section and section 409 of this article
shall not apply to a farm corporation. For the purposes of this
subdivision, the term "farm corporation" shall mean any domestic
corporation or foreign corporation authorized to do business in this
state under this chapter engaged in the production of crops, livestock
and livestock products on land used in agricultural production, as
defined in section 301 of the agriculture and markets law. However, this
exception shall not apply to farm corporations that have filed
statements with the department of state which have been submitted
through the department of taxation and finance pursuant to paragraph
eight of this section.

6. No such statement shall be accepted for filing when a certificate
of resignation for receipt of process has been filed under section three
hundred six-A of this chapter unless the corporation has stated a
different address for process which does not include the name of the
party previously designated in the address for process in such
certificate.

7. A domestic corporation or foreign corporation may amend its
statement to change the information required by subparagraphs (a) and
(b) of paragraph one of this section. Such amendment shall be made on
forms prescribed by the secretary of state. It shall be signed and
delivered to the department of state.

8. (a) The commissioner of taxation and finance and the secretary of
state may agree to allow corporations to provide the statement specified
in paragraph one of this section on tax reports filed with the
department of taxation and finance in lieu of biennial statements. This
agreement may apply to tax reports due for tax years starting on or
after January first, two thousand sixteen.

(b) If the agreement described in subparagraph (a) of this paragraph
is made, each corporation required to file the statement specified in
paragraph one of this section that is also subject to tax under article
nine or nine-A of the tax law shall include such statement annually on
its tax report filed with the department of taxation and finance in lieu
of filing a statement under this section with the department of state
and in a manner prescribed by the commissioner of taxation and finance.
However, each corporation required to file a statement under this
section must continue to file the biennial statement required by this
section with the department of state until the corporation in fact has
filed a tax report with the department of taxation and finance that
includes all required information. After that time, the corporation
shall continue to deliver annually the statement specified in paragraph
one of this section on its tax report in lieu of the biennial statement
required by this section.

(c) If the agreement described in subparagraph (a) of this paragraph
is made, the department of taxation and finance shall deliver to the
department of state for filing the statement specified in paragraph one
of this section for each corporation that files a tax report containing
such statement. The department of taxation and finance must, to the
extent feasible, also include the current name of the corporation,
department of state identification number for such corporation, the
name, signature and capacity of the signer of the statement, name and
street address of the filer of the statement, and the email address, if
any, of the filer of the statement.