When corporations based outside of New York State seek to expand their operations within its borders, they must navigate the process defined by the New York State Department of State, Division of Corporations. This involves submitting an Application for Authority under Section 1304 of the Business Corporation Law, a crucial step for any foreign corporation aiming to conduct business legally in New York. This comprehensive form demands detailed information about the corporation, including its name, incorporation details, the type of lawful activities it intends to pursue, and specifics about its in-state location—even if a physical office is not established in New York. A significant portion of the application is dedicated to appointing the Secretary of State as the agent for service of process, ensuring that there's a clear pathway for legal actions to be communicated to the corporation. Moreover, the application process involves submitting a Certificate of Existence from the authority in the corporation’s home jurisdiction, matching the corporation's name and incorporation date accurately, and possibly attaching consent from the New York State Tax Commission. Notably, the application bears a filing fee and emphasizes the importance of accuracy and legal compliance, underlining the complexities of operating across state lines. The form and its instructions serve as a reminder of the meticulous regulatory environment governing business operations, highlighting the need for thorough preparation and, often, professional legal guidance.
| Question | Answer |
|---|---|
| Form Name | Ny Application Authority Form |
| Form Length | 3 pages |
| Fillable? | No |
| Fillable fields | 0 |
| Avg. time to fill out | 45 sec |
| Other names | application authority does, how to ny application authority, authority abbreviation 301, ny app authority |
New York State Department of State
Division of Corporations, State Records and Uniform Commercial Code
One Commerce Plaza, 99 Washington Avenue
Albany, NY 12231
www.dos.ny.gov
APPLICATION FOR AUTHORITY
OF
(Insert Corporate Name)
Under Section 1304 of the Business Corporation Law
FIRST: The name of the corporation is:
If the name does not contain a required word or abbreviation indicating corporate character pursuant to § 301 of the Business Corporation Law, the corporation agrees to add the word or
abbreviation |
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to the end of its name for use in this state. |
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(Do not complete this section unless the corporation’s true name is not available pursuant to §301 or § 302 of the Business Corporation Law.) The fictitious name under which the corporation will do business in New York is:
SECOND: The jurisdiction in which the corporation was organized is:
The date of its incorporation is:
THIRD: This corporation is formed to engage in any lawful act or activity for which a corporation may be organized under the Business Corporation Law, provided that it is not formed to engage in any act or activity requiring the consent or approval of any state official, department, board, agency or other body without such consent or approval first being obtained.
FOURTH: The county within this state in which the office of the corporation is to be located is:
(A county in New York State is required. Please note that the corporation is not required to have an actual physical office in this state.)
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FIFTH: The Secretary of State is designated as agent of the corporation upon whom process against the corporation may be served. The address to which the Secretary of State shall mail a copy of any process accepted on behalf of the corporation is:
SIXTH: (Check the statement that applies.)
The foreign corporation has not since its incorporation or since the date its authority to do business in New York was last surrendered, engaged in any activity in this state.
The consent of the New York State Tax Commission is attached.
X
(Signature)
(Name of Signer)
(Title of Signer)
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APPLICATION FOR AUTHORITY
OF
(Insert Corporate Name)
Under Section 1304 of the Business Corporation Law
Filed by:
(Name)
(Mailing Address)
(City, State and Zip Code)
NOTES:
1.You must also submit a Certificate of Existence from the official who files and maintains incorporation records in the jurisdiction of the corporation’s formation.
2.The name of the corporation and date of incorporation must exactly match the name of the corporation and, if applicable, the date of incorporation stated in the Certificate of Existence.
3.The Application for Authority must be signed by an officer, director or duly authorized person.
4.Attach the consent of the NYS Tax Commission, if required. To request consent, call the NYS Department of Taxation and Finance at (518)
5.The Application for Authority must be submitted with a $225 filing fee, made payable to the Department of State.
6.You are not required to use this form. You may draft your own form or use forms available at legal stationery stores. The Department of State recommends that legal documents be prepared under the guidance of an attorney.
(For Office Use Only)
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