Section 203. Collection of taxes  


Latest version.
  • 1.   An action may be brought by the
      attorney-general, at the instance of the tax commission, in the name  of
      the  state,  to compel the filing of reports or to recover the amount of
      any account audited and stated by the tax commission under this  article
      or  to recover the amount of any taxes, fees, penalties and interest due
      pursuant to this article.  If any such account or any tax  shall  remain
      unpaid  or such report be not filed, and the tax-commission is satisfied
      that the failure to pay or file the 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
      franchise  of  any  such  delinquent corporation, joint-stock company or
      association failing to make such payments, or file such reports, and  if
      it  is  found  that  such  failure  was  intentional,  judgment shall be
      rendered in such action for the forfeiture of its franchise and for  its
      dissolution,  and thereafter such franchise shall be annulled and if the
      delinquent is a foreign corporation its authority to do business in this
      state shall be revoked.
        2.   Every foreign corporation  (other  than  a  moneyed  corporation)
      subject to the provisions of this article, except a corporation having a
      certificate of authority under section two hundred twelve of the general
      corporation  law or having authority to do business by virtue of section
      thirteen hundred five of the business corporation law, shall file in the
      department of state a certificate of designation in its corporate  name,
      signed  and  acknowledged  by  its  president or a vice-president or its
      secretary or  treasurer,  under  its  corporate  seal,  designating  the
      secretary of state as its agent upon whom process in any action provided
      for  by  this article may be served within this state, and setting forth
      an address to which the secretary of state shall mail a copy of any such
      process against the corporation which may be served upon him.   In  case
      any  such  corporation  shall  have  failed  to file such certificate of
      designation, it shall be deemed to  have  designated  the  secretary  of
      state  as its agent upon whom such process against it may be served; and
      until a certificate of designation shall have been filed the corporation
      shall be deemed to have directed the secretary of state to  mail  copies
      of  process  served upon him to the corporation at its last known office
      address within or without the state.  When a certificate of  designation
      has  been  filed  by  such corporation the secretary of state shall mail
      copies of process thereafter served upon him to the address set forth in
      such certificate.  Any such corporation, from time to time,  may  change
      the  address  to which the secretary of state is directed to mail copies
      of process, by filing a certificate to that effect executed, signed  and
      acknowledged  in  like  manner as a certificate of designation as herein
      provided.  Service of process upon any  such  corporation  or  upon  any
      corporation  having a certificate of authority under section two hundred
      twelve of the general corporation law or having authority to do business
      by virtue of section thirteen hundred five of the  business  corporation
      law,  in  any action commenced at any time pursuant to the provisions of
      this article, may be made by either (1)  personally  delivering  to  and
      leaving with the secretary of state, a deputy secretary of state or with
      any  person authorized by the secretary of state to receive such service
      duplicate copies thereof at the office of the department of state in the
      city of Albany, in which event the secretary of  state  shall  forthwith
      send by registered mail, return receipt requested, one of such copies to
      the  corporation  at  the  address designated by it or at its last known
      office address within or without the state, or (2) personally delivering
      to and leaving with the secretary of state, a deputy secretary of  state
      or  with any person authorized by the secretary of state to receive such
      service, a copy thereof at the office of the department of state in  the
    
      city  of  Albany  and  by delivering a copy thereof to, and leaving such
      copy  with,  the   president,   vice-president,   secretary,   assistant
      secretary,   treasurer,   assistant   treasurer,   or  cashier  of  such
      corporation,  or  the  officer  performing corresponding functions under
      another name, or a director  or  managing  agent  of  such  corporation,
      personally  without  the state.   Proof of such personal service without
      the state shall be filed with the clerk of the court in which the action
      is pending within thirty days after such service, and such service shall
      be complete ten days after proof thereof is filed.