§ 1304. Application for authority; contents.

(a) A foreign corporation may apply for authority to conduct
activities in this state by filing an application entitled "Application
for authority of ........ (name of corporation) under section 1304 of
the Not-for-Profit Corporation Law." The application shall be signed and
delivered to the department of state. It shall set forth:

(1) The name of the foreign corporation.

(2) The fictitious name the corporation agrees to use in this state
pursuant to section 1301 of this chapter, if applicable.

(3) The jurisdiction and date of its incorporation.

(4) That the corporation is a foreign corporation as defined in
subparagraph (7) of paragraph (a) of section 102 (Definitions) of this
chapter, whether it would be a charitable corporation or non-charitable
corporation if formed in this state; a statement of its purposes to be
pursued in this state and of the activities which it proposes to conduct
in this state; and a statement that it is authorized to conduct those
activities in the jurisdiction of its incorporation.

(5) The county within this state in which its office is to be located.

(6) A designation of the secretary of state as its agent upon whom
process against it may be served and 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.

(7) If it is to have a registered agent, the name and address of the
agent within this state and a statement that the registered agent is to
be its agent upon whom process against it may be served.

(8) A statement that the foreign corporation has not, since its
incorporation or since the date its authority to conduct activities in
this state was last surrendered, done any act in this state, except as
set forth in paragraph (b) of section 1301 (Authorization of foreign
corporations); or in lieu of such statement the consent of the state tax
commission to the filing of the application shall be attached thereto.

(9) Any provision required by any governmental body or officer or
other person or body as a condition for giving the consent or approval
required for the filing of such application for authority, provided such
provision is not inconsistent with this chapter or any other statute of
this state. A corporation whose statement of purposes to be conducted in
this state specifically includes the establishment or operation of a
child day care center, as that term is defined in section three hundred
ninety of the social services law, shall provide a certified copy of any
application for authority and any amendment thereto involving such
corporation to the office of children and family services within thirty
days after receipt of confirmation of the filing of such application or
amendment with the department of state.

(b) Attached to the application for authority shall be a certificate
by an authorized officer of the jurisdiction of its incorporation that
the foreign corporation is an existing corporation. If such certificate
is in a foreign language, a translation thereof under oath of the
translator shall be attached thereto.

(c) If the application for authority sets forth any purpose or
activity for which a domestic corporation could be formed only with the
consent or approval of any governmental body or officer, or other person
or body under section 404 (Approvals, notices and consents) of this
chapter, such consent or approval shall be endorsed thereon or annexed
thereto.

(d) If the application for authority sets forth any purpose or
activity requiring a domestic corporation to provide notice of the
filing of a certificate of incorporation to any person or entity under
section 404 (Approvals, notices and consents) of this chapter, then the
corporation shall send by certified mail, return receipt requested, a
certified copy of the certificate of authority to such person or entity
within ten business days after the corporation receives confirmation
from the department of state that the certificate has been accepted for
filing.