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New York Corporations
New York Foreign Non Profit Corporation
Foreign Non Profit Corporation Name
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Section 301 of the Not-for-Profit Corporation Law includes provisions relating
to restrictions on the use of certain words and phrases in the name of the
corporation. Generally, the name of the entity may not include a word or
phrase restricted by another statute unless one has complied with the restriction.
Certain words and phrases also require the consent or approval from another state
agency prior to filing the document with the Division of Corporations.
A foreign not-for-profit corporation may apply for authority to conduct its
activities in the State of New York by filing an Application for Authority
pursuant to Section 1304 of the Not-for-Profit Corporation Law.
In addition, certain activities, such as day care centers, hospitals, substance
abuse programs, etc., require the consent or approval of another state agency.
Please be sure to review Section 404 of the Not-for-Profit Corporation Law to
determine whether any consents or approvals are required. If there is any doubt
as to what, if any, consents or approvals may be required, the Division of
Corporations or the agency in question should be contacted prior to submitting
the document for filing to the Division of Corporations.
Attached to the Application for Authority must be a Certificate of Existence from the official who files and
maintains corporate records in the jurisdiction of the corporation.
- APPLICATION FOR AUTHORITY
containing
the following information
- The name of the
corporation.
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If the name of the corporation does not contain a required word or abbreviation indicating corporate
character, the corporation agrees to add the following word or abbreviation to the end
of its name for use in this state.
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If the corporation’s true name is not available for use in this state pursuant to §301 and §302 of the
Not-for-Profit Corporation Law, the fictitious name the corporation agrees to use in New York State.
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The jurisdiction in which the corporation was organized.
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The date of its incorporation.
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The corporation is a foreign corporation as defined in section 102(a)(7) of the Not-for-
Profit Corporation Law. The corporation is a Type corporation under Section 201
of the Not-for-Profit Corporation Law.
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The purpose or purposes to be pursued in this state and the activities which it proposes to conduct
in this state.
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If the corporation is a Type C corporation, the lawful public or quasi-public objective which each
business purpose will achieve.
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The county within this state in which the office of the corporation is to be located.
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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 forward
copies of process accepted on behalf of the corporation.
- Filling Fees
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The completed application, together with the filing fee of $135, should
be forwarded to the NYS Department of State, Division of Corporations,
41 State Street, Albany, NY 12231.
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