S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7351
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 17, 2023
                                ___________
 
 Introduced  by  M. of A. WEINSTEIN -- (at request of the Office of Court
   Administration) -- read once and referred to the Committee on  Judici-
   ary
 
 AN  ACT  to  amend the civil practice law and rules, the business corpo-
   ration law, the general associations law, the limited liability compa-
   ny law, the not-for-profit corporation law and the partnership law, in
   relation to consent to jurisdiction by foreign business  organizations
   authorized to do business in New York
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The civil practice law and rules is amended by adding a new
 section 301-a to read as follows:
   § 301-A. TERMINATION OF CONSENT  TO  JURISDICTION  IN  CERTAIN  CASES.
 WHERE A BUSINESS ORGANIZATION REGISTERED, AUTHORIZED OR DESIGNATED TO DO
 BUSINESS  IN  THIS  STATE SURRENDERS, WITHDRAWS OR OTHERWISE REVOKES ITS
 REGISTRATION, AUTHORIZATION OR CERTIFICATE OF DESIGNATION,  ITS  CONSENT
 TO  JURISDICTION TERMINATES ON THE DATE OF SUCH SURRENDER, WITHDRAWAL OR
 REVOCATION.
   § 2. Section 1301 of the business corporation law is amended by adding
 a new paragraph (e) to read as follows:
   (E) A FOREIGN CORPORATION'S APPLICATION FOR AUTHORITY TO  DO  BUSINESS
 IN  THIS  STATE, WHENEVER FILED, CONSTITUTES CONSENT TO THE JURISDICTION
 OF THE COURTS OF THIS STATE FOR ALL ACTIONS AGAINST SUCH CORPORATION.  A
 SURRENDER  OF  SUCH APPLICATION SHALL CONSTITUTE A WITHDRAWAL OF CONSENT
 TO JURISDICTION.
   § 3. Section 18 of the general associations law is amended by adding a
 new subdivision 5 to read as follows:
   5. AN ASSOCIATION'S CERTIFICATE  OF  DESIGNATION  PRESCRIBED  BY  THIS
 SECTION,  WHENEVER FILED, CONSTITUTES CONSENT TO THE JURISDICTION OF THE
 COURTS OF THIS STATE FOR ALL ACTIONS AGAINST SUCH ASSOCIATION. A REVOCA-

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11471-01-3
 A. 7351                             2
              

 
 TION OF SUCH DESIGNATION SHALL CONSTITUTE A  WITHDRAWAL  OF  CONSENT  TO
 JURISDICTION.
   §  4.  Section  802 of the limited liability company law is amended by
 adding a new subdivision (c) to read as follows:
   (C) A FOREIGN LIMITED LIABILITY COMPANY'S APPLICATION FOR AUTHORITY TO
 DO BUSINESS IN THIS STATE, WHENEVER FILED, CONSTITUTES  CONSENT  TO  THE
 JURISDICTION  OF  THE  COURTS OF THIS STATE FOR ALL ACTIONS AGAINST SUCH
 LIMITED LIABILITY COMPANY. A SURRENDER OF SUCH APPLICATION SHALL CONSTI-
 TUTE A WITHDRAWAL OF CONSENT TO JURISDICTION.
   § 5. Section 1301 of the not-for-profit corporation law is amended  by
 adding a new paragraph (e) to read as follows:
   (E)  A  FOREIGN  CORPORATION'S  APPLICATION  FOR  AUTHORITY TO CONDUCT
 ACTIVITIES IN THIS STATE, WHENEVER FILED,  CONSTITUTES  CONSENT  TO  THE
 JURISDICTION  OF  THE  COURTS OF THIS STATE FOR ALL ACTIONS AGAINST SUCH
 CORPORATION UNLESS SUCH CORPORATION IS EXEMPT FROM ANY LAW REQUIRING  IT
 TO  DESIGNATE  THE  SECRETARY  OF STATE AS AGENT OF THE CORPORATION UPON
 WHOM PROCESS AGAINST IT MAY BE SERVED AND IT HAS  MADE  NO  SUCH  DESIG-
 NATION. A SURRENDER OF SUCH APPLICATION SHALL CONSTITUTE A WITHDRAWAL OF
 CONSENT TO JURISDICTION.
   § 6. Section 121-902 of the partnership law is amended by adding a new
 subdivision (e) to read as follows:
   (E)  A  FOREIGN  LIMITED PARTNERSHIP'S APPLICATION FOR AUTHORITY TO DO
 BUSINESS IN THIS STATE,  WHENEVER  FILED,  CONSTITUTES  CONSENT  TO  THE
 JURISDICTION  OF  THE  COURTS OF THIS STATE FOR ALL ACTIONS AGAINST SUCH
 FOREIGN LIMITED PARTNERSHIP.  A  SURRENDER  OF  SUCH  APPLICATION  SHALL
 CONSTITUTE A WITHDRAWAL OF CONSENT TO JURISDICTION.
   §  7.  Section  121-1502 of the partnership law is amended by adding a
 new subdivision (r) to read as follows:
   (R) A FOREIGN LIMITED LIABILITY PARTNERSHIP'S NOTICE TO  CARRY  ON  OR
 CONDUCT  OR  TRANSACT  BUSINESS  OR  ACTIVITIES AS A NEW YORK REGISTERED
 FOREIGN LIMITED LIABILITY PARTNERSHIP IN  THIS  STATE,  WHENEVER  FILED,
 CONSTITUTES  CONSENT TO THE JURISDICTION OF THE COURTS OF THIS STATE FOR
 ALL ACTIONS AGAINST SUCH FOREIGN LIMITED LIABILITY PARTNERSHIP. A  WITH-
 DRAWAL OF SUCH NOTICE SHALL CONSTITUTE A WITHDRAWAL OF CONSENT TO JURIS-
 DICTION.
   §  8. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a law.