Section 1304. Application for authority; contents  


Latest version.
  • (a)  A  foreign  corporation may apply for authority to do business in
      this state. An  application,  entitled  "Application  for  authority  of
      ......  (name  of  corporation)  under  section  1304  of  the  Business
      Corporation Law", 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) The  purpose  or  purposes  for  which  it  is  formed,  it  being
      sufficient  to  state,  either  alone  or  with other purposes, that the
      purpose of the corporation is to engage in any lawful  act  or  activity
      for  which  corporations  may  be organized under this chapter, provided
      that it also state 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. By such statement all lawful acts  and  activities
      shall  be  within  the  purposes  of the corporation, except for express
      limitations therein or in this chapter, if any.
        (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, his name and address 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  do  business  in  this
      state  was  last  surrendered,  engaged  in  any activity in this state,
      except as set forth in paragraph (b) of section 1301  (Authorization  of
      foreign  corporations),  or in lieu thereof the consent of the state tax
      commission to the filing of the  application,  which  consent  shall  be
      attached thereto.
        (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.