Bill Text: NY S07078 | 2013-2014 | General Assembly | Introduced

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Bill Title: Relates to consent to general jurisdiction by foreign business organizations authorized to do business in New York.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2014-06-03 - SUBSTITUTED BY A9576 [S07078 Detail]

Download: New_York-2013-S07078-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7078
                                   I N  S E N A T E
                                    April 23, 2014
                                      ___________
       Introduced  by Sen. BONACIC -- (at request of the Office of Court Admin-
         istration) -- read twice and ordered printed, and when printed  to  be
         committed to the Committee on Judiciary
       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:
    1    Section 1. The civil practice law and rules is amended by adding a new
    2  section 301-a to read as follows:
    3    S 301-A. TERMINATION OF CONSENT  TO  JURISDICTION  IN  CERTAIN  CASES.
    4  WHERE A BUSINESS ORGANIZATION REGISTERED, AUTHORIZED OR DESIGNATED TO DO
    5  BUSINESS  IN  THIS  STATE SURRENDERS, WITHDRAWS OR OTHERWISE REVOKES ITS
    6  REGISTRATION, AUTHORIZATION OR CERTIFICATE OF DESIGNATION,  ITS  CONSENT
    7  TO  JURISDICTION TERMINATES ON THE DATE OF SUCH SURRENDER, WITHDRAWAL OR
    8  REVOCATION.
    9    S 2. Section 1301 of the business corporation law is amended by adding
   10  a new paragraph (e) to read as follows:
   11    (E) A FOREIGN CORPORATION'S APPLICATION FOR AUTHORITY TO  DO  BUSINESS
   12  IN  THIS  STATE, WHENEVER FILED, CONSTITUTES CONSENT TO THE JURISDICTION
   13  OF THE COURTS OF THIS STATE FOR ALL ACTIONS AGAINST SUCH CORPORATION.  A
   14  SURRENDER OF SUCH APPLICATION SHALL CONSTITUTE A WITHDRAWAL  OF  CONSENT
   15  TO JURISDICTION.
   16    S 3. Section 18 of the general associations law is amended by adding a
   17  new subdivision 5 to read as follows:
   18    5.  AN  ASSOCIATION'S  CERTIFICATE  OF  DESIGNATION PRESCRIBED BY THIS
   19  SECTION, WHENEVER FILED, CONSTITUTES CONSENT TO THE JURISDICTION OF  THE
   20  COURTS  OF THIS STATE FOR ALL ACTIONS AGAINST SUCH ASSOCIATION.  A REVO-
   21  CATION OF SUCH DESIGNATION SHALL CONSTITUTE A WITHDRAWAL OF  CONSENT  TO
   22  JURISDICTION.
   23    S  4.  Section  802 of the limited liability company law is amended by
   24  adding a new subdivision (c) to read as follows:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD14556-02-4
       S. 7078                             2
    1    (C) A FOREIGN LIMITED LIABILITY COMPANY'S APPLICATION FOR AUTHORITY TO
    2  DO BUSINESS IN THIS STATE, WHENEVER FILED, CONSTITUTES  CONSENT  TO  THE
    3  JURISDICTION  OF  THE  COURTS OF THIS STATE FOR ALL ACTIONS AGAINST SUCH
    4  LIMITED LIABILITY COMPANY.    A  SURRENDER  OF  SUCH  APPLICATION  SHALL
    5  CONSTITUTE A WITHDRAWAL OF CONSENT TO JURISDICTION.
    6    S  5. Section 1301 of the not-for-profit corporation law is amended by
    7  adding a new paragraph (e) to read as follows:
    8    (E) A FOREIGN  CORPORATION'S  APPLICATION  FOR  AUTHORITY  TO  CONDUCT
    9  ACTIVITIES  IN  THIS  STATE,  WHENEVER FILED, CONSTITUTES CONSENT TO THE
   10  JURISDICTION OF THE COURTS OF THIS STATE FOR ALL  ACTIONS  AGAINST  SUCH
   11  CORPORATION  UNLESS SUCH CORPORATION IS EXEMPT FROM ANY LAW REQUIRING IT
   12  TO DESIGNATE THE SECRETARY OF STATE AS AGENT  OF  THE  CORPORATION  UPON
   13  WHOM  PROCESS  AGAINST  IT  MAY BE SERVED AND IT HAS MADE NO SUCH DESIG-
   14  NATION.  A SURRENDER OF SUCH APPLICATION SHALL CONSTITUTE  A  WITHDRAWAL
   15  OF CONSENT TO JURISDICTION.
   16    S 6. Section 121-902 of the partnership law is amended by adding a new
   17  subdivision (e) to read as follows:
   18    (E)  A  FOREIGN  LIMITED PARTNERSHIP'S APPLICATION FOR AUTHORITY TO DO
   19  BUSINESS IN THIS STATE,  WHENEVER  FILED,  CONSTITUTES  CONSENT  TO  THE
   20  JURISDICTION  OF  THE  COURTS OF THIS STATE FOR ALL ACTIONS AGAINST SUCH
   21  FOREIGN LIMITED PARTNERSHIP.   A SURRENDER  OF  SUCH  APPLICATION  SHALL
   22  CONSTITUTE A WITHDRAWAL OF CONSENT TO JURISDICTION.
   23    S  7.  Section  121-1502 of the partnership law is amended by adding a
   24  new subdivision (r) to read as follows:
   25    (R) A FOREIGN LIMITED LIABILITY PARTNERSHIP'S NOTICE TO  CARRY  ON  OR
   26  CONDUCT  OR  TRANSACT  BUSINESS  OR  ACTIVITIES AS A NEW YORK REGISTERED
   27  FOREIGN LIMITED LIABILITY PARTNERSHIP IN  THIS  STATE,  WHENEVER  FILED,
   28  CONSTITUTES  CONSENT TO THE JURISDICTION OF THE COURTS OF THIS STATE FOR
   29  ALL ACTIONS AGAINST SUCH FOREIGN LIMITED LIABILITY PARTNERSHIP.  A WITH-
   30  DRAWAL OF SUCH NOTICE SHALL CONSTITUTE A WITHDRAWAL OF CONSENT TO JURIS-
   31  DICTION.
   32    S 8. This act shall take effect on the first of January next  succeed-
   33  ing the date on which it shall have became a law.