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tion, other than a town or county cooperative insurance corporation, by the superintendent of insurance, or if a railroad corporation, by the railroad commissioners. In the city and county of New York such notice shall be published once in each week for six successive weeks in two daily newspapers published in such county. If the petition be made by a corporation, a copy of the petition and notice of motion shall be filed with the secretary of state, and the proposed name shall thereupon be reserved for said corporation until six weeks after the date of such motion, and until six weeks after the date of any adjournment of such motion if notice of such adjournment shall be filed with the secretary of state, and no certificate of incorporation of a proposed corporation, having the same name as the name proposed in such petition, or a name so nearly resembling it as to be calculated to deceive, shall be filed in any oflice for the purpose of effecting its incorporation, and no corporation formed without the state of New York having the same name or a name so nearly resembling it as to be calculated to deceive shall be given authority to do business in this state.

Thus amended by chap. 110, Laws of 1904, taking effect September 1, 1904.

1

Order.

§ 2414. If the court to which the petition is presented is satisfied thereby, or by the affidavit and certificate presented therewith, that the petition is true, and that there is no reasonable objection to the change of name proposed, and if the petition be to change the name of an infant, that the interests of the infant will be substantially promoted by the change, and, if the petitioner be a corporation, that the petition has been duly authorized and that notice of the presentation of the petition, if required by law, has been made, the court shall make an order authorizing the petitioner to assume the name proposed on a day specified therein, not less than thirty days after the entry of the order. The order shall be directed to be entered and the papers on which it was granted, to be filed within ten

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days thereafter in the clerk's office of the county in which the petitioner resides, if he be an individual, or in the office of the clerk of the city court of New York if the order be made by that court, or, if the petitioner be a corporation, in the office of the clerk of the county in which its certificate of incorporation, if any, shall be filed, or if there be none filed in which its principal office shall be located, or if it has no business office, in the county in which its principal property is situated, or in which its operations are or theretofore have been principally conducted, or in the office of the clerk of the county in which the special term granting the order is held; and, if the petitioner be a corporation, that a certified copy of such order shall, within ten days after the entry thereof, be filed in the office of the secretary of state; and also, if it be a banking corporation, in the office of the superintendent of banks, or if it be an insurance corporation, in the office of the superintendent of insurance, or if it be a railroad corporation, in the office of the board of railroad commissioners. Such order shall also direct the publication, within ten days after the entry thereof of a copy thereof in a designated newspaper, in the county in which the order is directed to be entered, at least once if the petitioner be an individual, or if the petitioner be a corporation, once in each week for four sucessive weeks. The county clerk, in whose office an order changing the name of a corporation is entered, shall record the same at length in the book kept in his office for recording certificates of incorporation.

Thus amended by chap. 946, Laws of 1895.

When change to take effect.

§ 2415. If the order shall be fully complied with, and within forty days after the making of the order, an affidavit of the publication thereof shall be filed and recorded in the office in which the order is entered, and in each office in which certified copies thereof are required to be filed, if any, the petitioner shall, on and after the day specified for that purpose in the order, be known by the name which is thereby authorized to be assumed, and by no other name. No proceedings heretofore had under sections two thousand four hundred and fourteen and two thousand four hundred and fifteen of the code of civil procedure for the change of the name of a corporation, shall be invalid by reason of the non-filing of an affidavit of the publication of the order changing such name within twenty days from the date thereof.

Thus amended by chap. 264, Laws of 1894.

Substitution of new name in pending action or proceeding.

§ 2416. An action or special proceeding, civil or criminal, commenced by or against a person whose name is so changed shall not abate, nor shall any relief, recovery or other proceeding therein be prevented, impeded or impaired in consequence of such change of name. The plaintiff in the action or the party instituting the special proceeding, or the people, as the case requires, may, at any time, obtain an order amending any of the papers or proceedings therein, by the substitution of the new name, without costs and without prejudice to the action or proceeding

Thus amended by Chap. 366, Laws of 1893.

Reports by clerks to state officers.

$ 2117. The clerk of each county and of each court, shall annually, in the month of December, report to the secretary of state all changes of names of individuals or of corporations, which have been made in pursuance of orders filed in their respective offices during the past year and since the last previous report, and also report in like manner to the superintendent of banks all changes of the names of banking corporations, and to the superintendent of insurance all changes of names of corporations authorized to make insurances. The secretary of state must cause to be published, in the next volume of the session laws a tabular statement showing the original name of each person and corporation and the name which he or it has been authorized to assume.

Thus amended by Chap. 366, Laws of 1893.

THE GENERAL CORPORATION LAW.

CHAP. 563, LAWS OF 1890.

(Generally amended by Chap. 687, Laws of 1892.)

AN ACT in relation to corporations, constituting chapter thirty

five of the general laws.

(Is amended to and including the session of the Legislature of 1905.)

(SEE SECTIONS OF CODE OF CRIMINAL PROCEDURE AND PENAL CODE,

THIS VOLUME.]

CHAPTER XXXV OF THE GENERAL LAWS.

THE GENERAL CORPORATION LAW.

SECTION 1. Short title.

2. Classification of corporations.
3. Definitions.
4. Qualifications of incorporators.
5. Filing and recording certificates of incorporation.
6. Corporate names.
7. Amended and supplemental certificates.
8. Lost or destroyed certificates.
9. Certificate and other papers as evidence.
10. Limitation of powers.
11. Grant of general powers.
12. Enlargement of limitations upon the amount of the property

of non-stock corporations.
13. Acquisition of additional real property.
14. Acquisition of property without the state.
15. Certificate of authority of a foreign corporation.
16. Proof to be filed before granting certificate.
17. Acquisition of real property in this state by certain foreign

corporations.

18. Acquisition by foreign corporation of real property in this

state.
19. Prohibition of banking powers.
20. Qualification of members as voters.
21. Proxies.
22. Challenges.
23. Effect of failure to elect directors.
24. Mode of calling special election of directors.
25. Mode of conducting special election of directors.
26. Qualification of voters and canvass of votes at special elections.
27. Powers of supreme court respecting elections.
28. Stay of proceedings in actions collusively brought.
29.
30. Directors as trustees in case of dissolution.
31. Forfeiture for non-user.
32. Extension of corporate existence.
33. Conflicting corporate laws.
34. Laws repealed.
35. Saving clause.
36. Construction.
37. Law revived.
38. When notice or lapse of time unnecessary.
39. As to acts of directors.
40. Alteration and repeal of charter.

Short title.

SECTION 1. This chapter shall be known as the general corporation law.

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Classification of corporations.
§ 2. A corporation shall be either,

1. A municipal corporation,
2. A stock corporation,
3. A non-stock corporation, or

4. A mixed corporation.
A stock corporation shall be either,

1. A moneyed corporation,
2. A transportation corporation, or

A business corporation.

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