Section 217. Penalties

1.  If any taxes, penalties or interest due under
  this article are not paid, or any report required is not filed, and  the
  tax  commission  is  satisfied  that the failure to make such payment or
  file  such  report  is  intentional,   it   may   so   report   to   the
  attorney-general,  who  shall immediately bring an action in the name of
  the people of the state, for the forfeiture of the charter or  franchise
  of  any  corporation  failing to make such payment, or file such report,
  and if it be found that such failure was intentional, judgment shall  be
  rendered  in  such action for the forfeiture of such charter and for its
  dissolution if a domestic corporation and if a foreign  corporation  for
  the annulment of its franchise to do business in this state.
    2.  Whenever any corporation has failed to file an annual report for a
  period of two consecutive years or has been delinquent in the payment of
  taxes  for  any  two  years  duly  assessed  pursuant to this article or
  article nine-a of the tax law heretofore in effect,  all  the  authority
  and powers conferred on the tax commission and the secretary of state by
  section two hundred three-a of this chapter and all of the provisions of
  such section shall have full force and effect in respect of and shall be
  applicable to such corporation.
    3.    Whenever  any  foreign  corporation has failed to file an annual
  report or has been delinquent in the  payment  of  taxes  duly  assessed
  pursuant   to  this  article  for  the  periods  of  time  specified  in
  subdivision two of this section, all the authority and powers  conferred
  on  the tax commission and the secretary of state by section two hundred
  three-b of this chapter and all of the provisions of such section  shall
  have full force and effect in respect of and shall be applicable to such
  corporation.