Section 25. Authorization certificate; when and to whom issued; contents; filing and recording  


Latest version.
  • 1.  If  the  superintendent  shall  find  that  a  corporation  or  private  banker,  the  certificate  of  which  has been
      approved and filed as provided in section twenty-four of  this  article,
      has  in  good  faith  complied  with  all  the  requirements  of law and
      fulfilled all the conditions precedent to commencing business imposed by
      this chapter, he shall, within  ninety  days  after  the  date  of  such
      approval,  or  within  such  longer  period  thereafter as he may permit
      pursuant to the second sentence of this  subdivision,  but  in  no  case
      after  the  expiration  of  that  period,  issue  under his hand and the
      official  seal  of  the  department,  in  triplicate,  an  authorization
      certificate  to  the  person  or  persons  named  in  such  organization
      certificate or private  banker's  certificate.  The  superintendent  may
      extend   the   period  within  which  he  may  issue  the  authorization
      certificate by an additional sixty  days,  provided,  however,  that  he
      shall  have determined that such extension of time is needed for raising
      capital,  for  fulfilling  any  other   condition   precedent   to   the
      commencement  of  business  or  for  satisfying any other requirement of
      organization, whether imposed by statute or regulation,  and  that  such
      extension  is  consistent  with  the  declaration of policy contained in
      section ten of this chapter. Such authorization certificate shall  state
      that  the  corporation or private banker named therein has complied with
      the provisions of this chapter and that it is authorized to transact the
      business specified therein.   Such authorization  certificate  shall  be
      conclusive  evidence  that  all conditions precedent have been fulfilled
      and that the corporation has been formed under this chapter,  except  in
      an  action  or  special  proceeding brought by the superintendent or the
      attorney general. The superintendent shall cause one of  the  triplicate
      authorization  certificates  to  be  transmitted  to  the corporation or
      private banker thereby authorized to commence business,  another  to  be
      filed  in the office of the department, and the third to be filed in the
      county clerk's office in  which  the  organization  certificate  or  the
      private   banker's  certificate  has  been  filed.  The  copies  of  the
      authorization certificate filed in the offices of the superintendent and
      the county clerk shall be attached to the  copies  of  the  organization
      certificate  or  private  banker's certificate previously filed and such
      certificates shall be recorded in the records of incorporation therein.
        2.  Any  corporation  which  shall  not   receive   an   authorization
      certificate  within  the time period provided by subdivision one of this
      section shall forfeit its rights and privileges as a corporation and its
      corporate powers shall cease and determine.
        3. Any corporation which shall not commence business within six months
      after the date on which its authorization certificate is issued  by  the
      superintendent  shall forfeit its rights and privileges as a corporation
      and its corporate powers shall  cease  and  determine  unless  the  time
      within  which  such  business  may be commenced has been extended by the
      superintendent.  Upon satisfactory cause being shown, the superintendent
      may grant an extension for a period of not  more  than  one  year.  Such
      extension  shall  be granted by order executed, transmitted and filed in
      the manner provided for an authorization certificate in subdivision  one
      of this section.