14A:13-20 - Failure to file timely report - New Jersey Statutes

14A:13-20.  Failure to file timely report    a.  No foreign corporation carrying on any activity or owning or maintaining  any property in this State which has not obtained a certificate of authority to  do business in this State and disclaims liability for the corporation business  tax and the corporation income tax shall maintain any action or proceeding in  any State or Federal court in New Jersey, until such corporation shall have  filed a timely notice of business activities report.

    b.  The failure of a foreign corporation to file a timely report shall prevent the use of the courts in this State for all contracts executed and all causes of action that arose at any time prior to the end of the last accounting  period for which the corporation failed to file a required timely report.

    c.  The court in which the issues arise shall be granted the power to excuse  the corporation for failure to file a report when due, and restore the right of  access to the courts in this State.  Such failure to file a report shall be  excusable where the court finds the corporation has sustained the burden of  establishing that

    (1) the failure to file a timely report was done in ignorance of the requirement to file, such ignorance was reasonable in all circumstances; and

    (2) all taxes, interest and civil penalties due the State for all periods have been paid, or provided for by adequate security or bond approved by the director, before the suit may proceed.

     L.1973, c. 171, s. 7, eff. June 7, 1973.