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This entry was published on 2023-01-06
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SECTION 1304
Application for authority; contents
Business Corporation (BSC) CHAPTER 4, ARTICLE 13
§ 1304. Application for authority; contents.

(a) A foreign corporation may apply for authority to do business in
this state. An application, entitled "Application for authority of
...... (name of corporation) under section 1304 of the Business
Corporation Law", shall be signed and delivered to the department of
state. It shall set forth:

(1) The name of the foreign corporation.

(2) The fictitious name the corporation agrees to use in this state
pursuant to section 1301 of this chapter, if applicable.

(3) The jurisdiction and date of its incorporation.

(4) The purpose or purposes for which it is formed, it being
sufficient to state, either alone or with other purposes, that the
purpose of the corporation is to engage in any lawful act or activity
for which corporations may be organized under this chapter, provided
that it also state that it is not formed to engage in any act or
activity requiring the consent or approval of any state official,
department, board, agency or other body without such consent or approval
first being obtained. By such statement all lawful acts and activities
shall be within the purposes of the corporation, except for express
limitations therein or in this chapter, if any.

(5) The county within this state in which its office is to be located.

(6) A designation of the secretary of state as its agent upon whom
process against it may be served and the post office address within or
without this state to which the secretary of state shall mail a copy of
any process against it served upon him or her. The corporation may
include an email address to which the secretary of state shall email a
notice of the fact that process against it has been electronically
served upon him or her.

(7) If it is to have a registered agent, his name and address within
this state and a statement that the registered agent is to be its agent
upon whom process against it may be served.

(8) A statement that the foreign corporation has not since its
incorporation or since the date its authority to do business in this
state was last surrendered, engaged in any activity in this state,
except as set forth in paragraph (b) of section 1301 (Authorization of
foreign corporations), or in lieu thereof the consent of the state tax
commission to the filing of the application, which consent shall be
attached thereto.

(b) Attached to the application for authority shall be a certificate
by an authorized officer of the jurisdiction of its incorporation that
the foreign corporation is an existing corporation. If such certificate
is in a foreign language, a translation thereof under oath of the
translator shall be attached thereto.