New York regulations

Title 19 Part 150

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19 NYCRR 150.1 - Document size and backer

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All paper documents offered for filing must include a backer, there on which appears the exact title of the document and the name and address of the filer. The backer for documents related to an entity currently on file with the division must include the Department of State identification number assigned to the entity. Documents on paper shall be no larger than 8½ inches by 11 inches. Documents not on paper, where allowed, shall be of a size and in a medium consistent with the technology used by the Department of State to receive, make, and retain the resulting record. Title on the backer must be consistent with the content of the document.

19 NYCRR 150.2 - Legibility and riders

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The department shall decline to file any document that is not legible because the paper weight, ink color, font size, type face, extraneous marks, file format or other quality impairs the ability to make an official record. Documents shall contain no riders other than tax consents and official certificates.

19 NYCRR 150.3 - Separate filing fees

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If several documents are submitted, each should be accompanied by a separate remittance of the respective fee and taxes, if any. Because some documents may take different courses in processing, following this practice will avoid delay that might otherwise result in the return of all documents even though one or more would have been acceptable for filing.

19 NYCRR 150.4 - Certified checks

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All checks in excess of $500 shall be certified.

19 NYCRR 150.5 - Duplicate receipts

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The department shall not issue duplicate receipts except on satisfactory evidence that the original was never received. A request for a duplicate receipt must be made within three months of the date of the receipted transaction. All duplicate receipts will be annotated as such.

19 NYCRR 150.6 - Refunds of overpayment of fee

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(a)No refund for overpayment of fees will be made in the amount of one dollar or less.
(b)Refunds for overpayment of fees paid in the amounts of $1.01 up to and including $5 will only be made upon specific written request. Such request for refund must state the name and address of the payer of the overpayment, the name of the organization for which the overpayment was made, and the date and cash number of the transaction as reflected on the receipt issued by the Division of Corporations.
(c)Refunds for overpayment of fees will automatically be issued in the amounts of $5.01 and up.

19 NYCRR 150.7 - Copies and certificates

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A request for a copy of a record or a request for a certificate shall be in writing. The request shall specify, by name of organization and document, the record to be copied or the certificate desired.

19 NYCRR 150.8 - Filing date

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(a)The date of filing of a certificate or other instrument submitted to the Division of Corporations for filing shall be the date the certificate or other instrument is received by the division as determined by the division.
(b)If a certificate or other instrument is determined by the division to be unacceptable for filing, the division may return the certificate or other instrument to the filer, together with a brief written explanation of the reason for the refusal to file. If the filer returns the certificate or other instrument to the division with revisions within 30 days after it was mailed or otherwise returned to the filer by the division and the division determines the certificate or other instrument is acceptable for filing, the filing date of the instrument will be the filing date that would have been applied had the original certificate or other instrument not been deficient. Revisions to the certificate or other instrument shall be limited to the reason for the division’s refusal to file the certificate or other instrument.
(c)If a certificate or other instrument which has previously been determined by the division to be unacceptable for filing is returned to the division with revisions within the time required by this section and the division again determines the certificate or other instrument to be unacceptable for filing, the division may return the certificate or other instrument to the filer, together with a brief written explanation of the reason for the refusal to file. If the filer subsequently returns the certificate or other instrument to the division with revisions in accordance with the rules of the division within 30 days after it was last mailed or otherwise returned to the filer by the division, and the division determines the certificate or other instrument is acceptable for filing, the filing date of the certificate or other instrument will be the filing date that would have been applied had the original certificate or other instrument not been deficient. Revisions to the certificate or other instrument shall be limited to the reason for the division’s refusal to file the certificate or other instrument. This procedure may continue until the certificate or other instrument is either accepted for filing by the division or the filer does not return the certificate or other instrument to the division within the time period required by this section.

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