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Speaker Carl E. Heastie
 
     
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A07476 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
 submitted in accordance with Assembly Rule III, Sec 1(f)




 
BILL NUMBER: A7476
 
SPONSOR: Steck

 
TITLE OF BILL:
 
An act in relation to permitting the Albany Cemetery Association to file
a certificate of amendment of certificate of incorporation with the
department of state
 
 
PURPOSE:
 
This legislation would authorize the secretary of state to accept for
filing from the Albany Cemetery Association, an application for a
certificate of amendment of certificate of incorporation pursuant to
section 803 of the not-for-profit corporation law.
 
 
SUMMARY OF PROVISIONS:

Section 1 would authorize the secretary of state to accept for filing
from Albany Cemetery Association, located in the county of Albany, an
application for a certificate of amendment. The filing would be required
within one year of the effective date of this act.
 
 
JUSTIFICATION:
 
The Albany Cemetery Association was created by a special act of the
Legislature in 1841. The Legislature amended the Charter in 1869.  The
Albany Cemetery Association has been a not-for-profit state regulated
entity.
 
Since the cemetery was created by a special act of the legislature, the
department of state does not have the corporation in its database of
corporations which prevents Albany Cemetery from filing any updates to
its certificate of incorporation to comply with changes in the law. This
situation also means that since the corporation is not listed in state
databases, lenders will not extend credit for equipment and the federal
government will not process veteran services payments without a valid
state corporate status in their vendor system (System for Award Manage-
ment (SAM).
 
This bill would allow Albany Cemetery Association to file a certificate
of amendment of their special act certificate of incorporation with the
secretary of state to comply with changes in the not-for-profit corpo-
ration law. This bill would also affirm the not-for-profit status of the
organization.
 
 
LEGISLATIVE HISTORY:
 
New bill.
 
 
FISCAL IMPLICATIONS:
 
None.
 
 
EFFECTIVE DATE:
This act shall take effect immediately.
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