Legislation
SECTION 217
Penalties
Tax (TAX) CHAPTER 60, ARTICLE 9-A
§ 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.
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.