Section 272. Penalty for failure to pay tax; liability for tax of agent or broker

1. Except as provided in subdivision three of this section,  any  person or persons liable to pay the tax by this article imposed, and any
  one  who  acts  in  the  matter  as  agent  or broker for such person or
  persons, who shall make any sale, transfer  or  delivery  of  shares  or
  certificates  taxable  under this article without paying the tax by this
  article imposed, and any person who shall  in  pursuance  of  any  sale,
  transfer  or  agreement, deliver any certificate or evidence of the sale
  or transfer of or agreement to sell any such  certificate,  or  bill  or
  memorandum  thereof,  or  who  shall  transfer  or  cause the same to be
  transferred upon the books  or  records  of  the  association,  company,
  corporation,  or  business  conducted  by a trustee or trustees, and any
  association, company, corporation or business conducted by a trustee  or
  trustees, whose stock or other certificates taxable hereunder is sold or
  transferred,  which  shall  transfer or cause the same to be transferred
  upon its books, without having affixed thereto the stamps  provided  for
  in this article, and where required by the provisions of this article, a
  declaration as prescribed by paragraph (c) of subdivision one of section
  two  hundred  seventy-a  of  this  article  shall  be deemed guilty of a
  misdemeanor, and upon conviction thereof shall pay a fine  of  not  less
  than  five  hundred nor more than one thousand dollars, or be imprisoned
  for not more than six months or by both such fine and  imprisonment,  in
  the discretion of the court.
    2.  Any  person who acts as agent or broker for a person liable to pay
  the tax by this article imposed, who shall be subject to or  liable  for
  the  penalty  provided  for  by  subdivision  one of this section shall,
  regardless of whether he has been prosecuted for or  acquitted  of  such
  criminal  liability,  in  addition to such criminal liability, be liable
  for the payment of the tax, and such liability may be  enforced  in  the
  same  manner  as  any liability for tax imposed by this article, and its
  determination and collection shall be effected pursuant to  and  subject
  to  the  provisions  of sections two hundred seventy-nine-a, two hundred
  seventy-nine-b and two hundred eighty-one of this chapter.  The  burden,
  in any hearing held pursuant to such section two hundred seventy-nine-a,
  of  proving  the  facts  to  show  the  absence of liability for the tax
  imposed by this subdivision upon such agent or  broker,  shall  be  upon
  such agent or broker.
    3. The penalties provided by subdivision one of this section shall not
  apply  to  any  agent or broker or to any other person who shall perform
  any of the acts set  forth  in  such  subdivision,  in  good  faith,  in
  reliance  upon  a  declaration  furnished  pursuant  to paragraph (c) of
  subdivision one of section two hundred seventy-a of this chapter, as  to
  which  declaration  such  broker, agent or other person, before such act
  had received no notice of cancellation of such declaration  pursuant  to
  the provisions of clause (iii) of subparagraph (2) of such paragraph and
  has  no  knowledge  or  reasonable grounds to believe that the status of
  such nonresident as a nonresident has changed.