•  Summary 
  •  
  •  Actions 
  •  
  •  Committee Votes 
  •  
  •  Floor Votes 
  •  
  •  Memo 
  •  
  •  Text 
  •  
  •  LFIN 
  •  
  •  Chamber Video/Transcript 

A00213 Summary:

BILL NOA00213
 
SAME ASSAME AS S03265
 
SPONSORPaulin
 
COSPNSRGalef, Abinanti, Otis, Jacobson
 
MLTSPNSR
 
Amd 902 & 1002, N-PC L
 
Relates to requiring a two-thirds vote of the board in certain circumstances.
Go to top    

A00213 Actions:

BILL NOA00213
 
01/06/2021referred to corporations, authorities and commissions
01/12/2021reported referred to codes
01/26/2021reported
01/28/2021advanced to third reading cal.59
02/08/2021passed assembly
02/08/2021delivered to senate
02/08/2021REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS
04/28/2021SUBSTITUTED FOR S3265
04/28/20213RD READING CAL.414
04/28/2021PASSED SENATE
04/28/2021RETURNED TO ASSEMBLY
07/21/2021delivered to governor
08/02/2021signed chap.321
Go to top

A00213 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           213
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 6, 2021
                                       ___________
 
        Introduced  by  M. of A. PAULIN, GALEF, ABINANTI, OTIS, JACOBSON -- read
          once and referred to the Committee on  Corporations,  Authorities  and
          Commissions
 
        AN  ACT  to  amend  the  not-for-profit  corporation law, in relation to
          voting requirements of the board of certain corporations

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  The  opening paragraph of paragraph (a) of section 902 of
     2  the not-for-profit corporation law is amended to read as follows:
     3    The board of each corporation proposing to participate in a merger  or
     4  consolidation under section 901 (Power of merger or consolidation) shall
     5  adopt,  by  a vote of two-thirds of the directors present at the time of
     6  the vote, if a quorum is present at that time,  or  by  a  vote  of  the
     7  number  of  directors  required  under the certificate of incorporation,
     8  by-laws, this chapter and any other applicable law, a plan of merger  or
     9  consolidation, setting forth:
    10    §  2.  Subparagraph 1 of paragraph (a) of section 1002 of the not-for-
    11  profit corporation law, as amended by chapter 549 of the laws  of  2013,
    12  is amended to read as follows:
    13    (1) In the case of a vote by the board of directors: (i) the number of
    14  directors required under the certificate of incorporation, by-laws, this
    15  chapter and any other applicable law; [or]
    16    (ii) two-thirds of the directors present at the time of the vote, if a
    17  quorum is present at that time; or
    18    (iii)  if  the  number of directors actually holding office as such at
    19  the time of the vote to adopt the plan is less than the number  required
    20  to  constitute  a  quorum of directors under the certificate of incorpo-
    21  ration, the by-laws, this chapter  or  any  other  applicable  law,  the
    22  remaining directors unanimously;
    23    §  3.  This  act shall take effect on the ninetieth day after it shall
    24  have become a law.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01795-01-1
Go to top