§ 409. Penalty for failure to file; cure.

1. Each corporation which has failed to file its statement within the
time required by this chapter after thirty days shall be shown to be
past due on the records of the department of state.

2. Each corporation which has failed to file its statement for two
years shall be shown to be delinquent on the records of the department
of state sixty days after a notice of delinquency has been mailed to the
last known address of such corporation. Such delinquency shall be
removed from the records of the department of state upon the filing of
the current statement required by section four hundred eight of this
article, and the payment of a fine of two hundred fifty dollars.

3. The notice of delinquency shall state the cure and fine for such
delinquency as determined by subdivision two of this section and the
period during which such delinquency shall be foreborne without the
imposition of such fine.

4. This section shall not apply to corporations that have submitted a
statement pursuant to paragraph eight of section four hundred eight of
this chapter.