Section 96. Fees and refunds

Except  as  otherwise  provided  by section
  ninety-six-a of this chapter, the department of state shall collect  the
  following fees:
    1. For searching the records of the department for the availability of
  a corporate, limited partnership or limited liability company name, five
  dollars for each name submitted.
    2. For searching the records of the department other than as set forth
  in  subdivision one hereof, five dollars for each name in excess of five
  submitted by or on behalf of an applicant for a search.
    3. For a copy of any paper or record not required to be  certified  or
  otherwise authenticated, fifty cents per page; except that the fee for a
  copy  of  any  paper or record not required to be certified or otherwise
  authenticated which is furnished by the bureau of  corporations  of  the
  department  of state, shall be five dollars, regardless of the number of
  pages.
    4. For a certified or exemplified copy of any law,  record  or  paper,
  except  a  photostatic  copy  furnished  by the department of state, one
  dollar per page; for a certified or exemplified copy of any law,  record
  or paper reproduced by photostat by the department of state, fifty cents
  per  page and in either case five dollars additional for the certificate
  under the official seal of the department  of  state,  affixed  thereto;
  except that the fee for a certified or exemplified copy of any record or
  paper which is furnished by the bureau of corporations of the department
  of  state,  shall  be  ten dollars, regardless of the number of pages or
  regardless of whether such document is reproduced by photostat.
    5. For a certificate or authentication under the  great  seal  of  the
  state, ten dollars.
    6. For a certificate as to the official character of a commissioner of
  deeds residing in another state or foreign country, one dollar.
    7.  For  every  other  certificate  under  the  official  seal  of the
  department of state, twenty-five dollars.
    8. For registering and  recording  a  notice  of  a  mining  claim  as
  required by section eighty-two of the public lands law, fifty dollars.
    9.   (a)  For  filing  under  the  general  associations  law  or  any
  corporation law, except the business corporation law and  not-for-profit
  corporation law: a certificate of incorporation, one hundred twenty-five
  dollars; a certificate or report of voluntary dissolution, including the
  issuance  of  duplicate  certificates  by  the secretary of state, and a
  certified copy of an order or judgment of  dissolution,  sixty  dollars;
  the  statement  and  designation of a foreign corporation, including the
  issuance of a certificate of authority, two hundred twenty-five dollars;
  a certificate of designation or change of address or any certificate  of
  change of mailing address or office of a foreign corporation, other than
  a   moneyed  corporation,  thirty  dollars;  any  other  certificate  or
  instrument, sixty dollars.
    (b)  For  filing  under  the  business   corporation   law   and   the
  not-for-profit corporation law as set forth in those chapters.
    10.  For service of process on the secretary of state, acting as agent
  for a third party pursuant to  law,  except  as  otherwise  specifically
  provided  by  law,  forty dollars. No fee shall be collected for process
  served on behalf of a county, city, town or village or  other  political
  subdivision  of the state. The fees paid the secretary of state shall be
  a taxable disbursement.
    * 11. (a) For the special handling of requests made to the division of
  corporations of the department of state for any service for which a  fee
  is collected as prescribed by law, twenty-five dollars. For the purposes
  of this section the term "special handling" shall mean the completion of
  the  request  within twenty-four hours of receipt of the request, except

  in those cases  where  the  twenty-four  hour  period  shall  end  on  a
  Saturday,  Sunday,  holiday or day on which the division of corporations
  of the department of state is not open for business, in which  case  the
  twenty-four hour period shall be extended to the appropriate hour of the
  next  succeeding  business  day  on  which  such  division  is  open for
  business.
    (b) For the same day  expedited  handling  of  requests  made  to  the
  division  of corporations of the department of state for any service for
  which a fee is collected as prescribed by law, seventy-five dollars. For
  the purposes of this section the  term  "same  day  expedited  handling"
  shall  mean  the completion of the request on the same day as the day of
  request.
    (c) For the two  hour  priority  handling  of  requests  made  to  the
  division  of corporations of the department of state for any service for
  which a fee is  collected  as  prescribed  by  law,  one  hundred  fifty
  dollars.  For  the  purposes of this section the term "two hour priority
  handling" shall mean the completion of the request within two  hours  on
  the same day as the day of the request.
    (d)  For  handling  of  non-expedited requests made to the division of
  corporations of the department of state for any service for which a  fee
  is  collected as prescribed by law, the completion of such request shall
  be accomplished within seven business days.
    * NB Effective until March 31, 2010
    * 11. For the special handling of  requests  made  to  the  bureau  of
  corporations  of  the  department of state for any certificate processed
  for filing or issued under official seal by the bureau  of  corporations
  pursuant to subdivision seven and paragraphs a and b of subdivision nine
  of  this  section, twenty-five dollars. For the purposes of this section
  the term "special handling" shall mean the  completion  of  the  request
  within  twenty-four  hours  of  receipt  of the request, except in those
  cases where the twenty-four hour period shall end on a Saturday, Sunday,
  holiday or day on which the bureau of corporations of the department  of
  state  is  not  open  for  business,  in which case the twenty-four hour
  period shall be extended to the appropriate hour of the next  succeeding
  business day on which such bureau is open for business.
    * NB Effective March 31, 2010
    12.  For  the  filing,  recording  or  registering of any certificate,
  notice or other paper required to be filed, recorded or registered,  the
  fee for which is not otherwise prescribed by law, twenty-five dollars.
    13.  Except  as otherwise specifically provided by law, the department
  of state may refund, within three years from the  date  of  payment  and
  upon  audit  of  the state comptroller, any fee or portion of a fee paid
  pursuant to any of the statutes which the department is charged  by  law
  to administer, in any case in which:
    a.  the  license, permit, or certificate applied for is not issued, or
  does not take effect, or
    b. the filing or certification requested is not made, or
    c. the service requested is not rendered, or
    d. the payment made is in excess of  the  amount  prescribed  by  such
  statute, or
    e.  the  licensee  has entered the active armed services of the United
  States in which event the refund shall be such proportion of the license
  fee paid as the number of full months remaining unexpired of the license
  period bears to the total number of months in such period.
    14. No fee shall be collected for copies of records furnished to state
  officers as defined in the public officers law, section two, for use  in
  their official capacity.

    15.  The  department of state shall on or before the tenth day of each
  month, out of the moneys collected during the preceding  month  pursuant
  to  subdivision  nine  of this section, pay over to each county clerk in
  whose office a certified copy of  a  corporation  certificate  or  other
  instrument relating to a domestic or foreign corporation shall have been
  filed  by  the department during the preceding month pursuant to law the
  sum of six dollars for each such copy of a  corporation  certificate  or
  other  instrument for which the department shall have collected a filing
  fee of thirty dollars or more, and the sum of one dollar for  each  such
  copy  of  a  corporation  certificate  or other instrument for which the
  department shall have collected a sum of less than thirty  dollars,  and
  such  payment shall be received by the county clerk in full satisfaction
  of all fees for filing such copy, any other general or  special  law  to
  the  contrary  notwithstanding.  All  such  moneys  remaining after such
  payments to the county clerks shall be  paid  pursuant  to  section  one
  hundred twenty-one of the state finance law.
    16.  Consistent with the provisions of the corporate laws of the state
  of New York, the department of state  shall  produce  or  reproduce  the
  content  of  any informational systems maintained pursuant to such laws.
  The secretary of state shall  establish  the  type  and  amount  of  the
  reasonable  fees  to  be  collected  by the department of state for such
  informational systems. Such fees shall be subject  to  approval  of  the
  director  of  the  budget and shall be promulgated in the official rules
  and regulations of the  department  of  state  in  accordance  with  the
  provisions of the state administrative procedure act.