Section 408. Biennial statement; filing  


Latest version.
  • 1.  Each domestic corporation, and each foreign corporation authorized
      to do business in this state, shall, during the applicable filing period
      as determined by subdivision three of this  section,  file  a  statement
      setting forth:
        (a) The name and business address of its chief executive officer.
        (b) The street address of its principal executive office.
        (c)  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  or  her. Such address shall supersede any previous address on
      file with the department of state for this purpose.
        2. Such statement shall be made on forms prescribed by  the  secretary
      of state, and the information therein contained shall be given as of the
      date  of  the  execution  of  the  statement.  Such statement shall only
      request reporting of information required under paragraph  one  of  this
      section. It shall be signed and delivered to the department of state.
        3.  For the purpose of this section the applicable filing period for a
      corporation shall be  the  calendar  month  during  which  its  original
      certificate  of incorporation or application for authority were filed or
      the effective date thereof if stated. The applicable filing period shall
      only occur: (a) annually, during the period starting on  April  1,  1992
      and  ending  on  March  31,  1994;  and  (b) biennially, during a period
      starting  on  April  1  and  ending  on  March  31   thereafter.   Those
      corporations  that  filed  between April 1, 1992 and June 30, 1994 shall
      not be required to file such statements again until such  time  as  they
      would have filed, had this subdivision not been amended.
        4.  The  provisions of subdivision eleven of section ninety-six of the
      executive law and paragraph (g) of section  one  hundred  four  of  this
      chapter shall not be applicable to filings pursuant to this section.
        5.  The  provisions  of  this  section and section 409 of this article
      shall not apply  to  a  farm  corporation.  For  the  purposes  of  this
      subdivision,  the  term  "farm  corporation"  shall  mean  any  domestic
      corporation or foreign corporation authorized to  do  business  in  this
      state  under  this chapter engaged in the production of crops, livestock
      and livestock products on  land  used  in  agricultural  production,  as
      defined in section 301 of the agriculture and markets law.
        6.  No  such statement shall be accepted for filing when a certificate
      of resignation for receipt of process has been filed under section three
      hundred six-A of this  chapter  unless  the  corporation  has  stated  a
      different  address  for  process  which does not include the name of the
      party  previously  designated  in  the  address  for  process  in   such
      certificate.
        7.  A  domestic  corporation  or  foreign  corporation  may  amend its
      statement to change the information required by subdivisions (a) and (b)
      of paragraph one of this section. Such amendment shall be made on  forms
      prescribed  by  the secretary of state. It shall be signed and delivered
      to the department of state.