Current through Register Vol. 46, No. 12, March 20, 2024
(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.
