217. Penalties. 1. If any taxes, penalties or interest due under this article are not paid, or any report required is not filed, and the tax commission is satisfied that the failure to make such payment or file such report is intentional, it may so report to the attorney-general, who shall immediately bring an action in the name of the people of the state, for the forfeiture of the charter or franchise of any corporation failing to make such payment, or file such report, and if it be found that such failure was intentional, judgment shall be rendered in such action for the forfeiture of such charter and for its dissolution if a domestic corporation and if a foreign corporation for the annulment of its franchise to do business in this state.
2. Whenever any corporation has failed to file an annual report for a period of two consecutive years or has been delinquent in the payment of taxes for any two years duly assessed pursuant to this article or article nine-a of the tax law heretofore in effect, all the authority and powers conferred on the tax commission and the secretary of state by section two hundred three-a of this chapter and all of the provisions of such section shall have full force and effect in respect of and shall be applicable to such corporation.
3. Whenever any foreign corporation has failed to file an annual report or has been delinquent in the payment of taxes duly assessed pursuant to this article for the periods of time specified in subdivision two of this section, all the authority and powers conferred on the tax commission and the secretary of state by section two hundred three-b of this chapter and all of the provisions of such section shall have full force and effect in respect of and shall be applicable to such corporation.
Last modified: February 3, 2019