N.Y. Comp. Codes R. & Regs. tit. 20 § 540.2

Current through Register Vol. 46, No. 45, November 2, 2024

Section 540.2 - Notice of expiration

(a) A notice of expiration and the requirement for filing a new certificate of registration shall be issued to the holder of a certificate of authority at least 120 days prior to the date of expiration indicated therein. Such notice shall include:

(1) notification of expiration of the current certificate of authority, including notice that the holder's current certificate of authority expires on the indicated date unless a new, properly completed certificate of registration is filed with the department on or before such date; and

(2) information regarding how to file a new certificate of registration.

(b) Prior to the expiration of a person's current certificate of authority, if the person fails to correspond with the department, the department shall issue a notification of the impending expiration of the certificate of authority to such person. However, in no case shall this notice be given to the person less than 60 days prior to the expiration of such certificate of authority.

(c)

(1) A certificate of authority shall expire on the date indicated in the notice of expiration unless, prior to such expiration date, a new, properly completed certificate of registration is filed with the department (see section 539.2(h) of this Title for information required on certificates of registration). Where such new certificate of registration is filed prior to such expiration date, the current certificate of authority shall expire once the department issues a new certificate of authority or a notice of proposed refusal to issue a certificate of authority has become final.

(2) Any person whose certificate of authority has expired, whether due to failure to file a properly completed certificate of registration renewal application as required by this section or by reason of having received a notice of proposed refusal to issue a certificate of authority which has become final, is prohibited from engaging in any business in this state for which such certificate of authority is required and may be subject to the criminal penalties provided by section 1817 of the Tax Law.

N.Y. Comp. Codes R. & Regs. Tit. 20 § 540.2