Last updated: 3/20/2007
Sample Effectiveness Affidavit {E-1}
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Description
<document>COURT COUNTY OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .:::::::Index No.Calendar No.JUDICIAL SUBPOENAPlaintiff(s) -against-Defendant(s)FORM E-1THIS AFFIDAVIT IS AN EXHIBIT TO THE EFFECTIVENESS AMENDMENT AND MUST BE DELIVERED WITH THE AMENDMENT TO ALL OFFEREES AS REQUIRED BY 13 NYCRR 18.1(d)(1) and 13 NYCRR 23.1(d)(1).SAMPLE EFFECTIVENESS AFFIDAVIT Sec. 352-eeee Non-Eviction Plan New York City and Upstate Eviction Plans. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ., being duly sworn, deposes and says: Principal of SponsorTHE PEOPLE OF THE STATE OF NEW YORK TO,1.I amoffice/positionGREETINGS:, sponsor of the offering plan for conversion Name of Sponsoring EntityWE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before Court at the the Honorable,to cooperative Address of premisesof the premiseslocated at County ofo'clock in the day of, on the, 20, at or adjourned date, to testify and give evidence as a witness in this action on the part of thenoon, and at any recessed in roomor condominium ownership as a non-eviction plan pursuant to General Business Law Section 352-eeee. 2.TheofferingwasacceptedforfilingbyLaw onofDepartmenttheYour failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result of your failure to comply..Date (Month, Day, Year)3.The presentation date of the plan was. Date (Month, Day, Year), one of the Justices of theCourt in Witness, Honorableday of, 20 County,4.All subscribers or purchasers who are counted for purposes of declaring the plan effective:(a)(Attorney must sign above and type name below)are bona fide purchasers;Attorney(s) for(b)are not purchasing as an accommodation to, or for the account or benefit of, the sponsor or principals of sponsor; and (c)have duly executed subscription or purchase agreements and have paid the full down payment as required in the Procedure to Purchase Section of the offering plan.Office and P.O. AddressTelephone No.: Facsimile No.: E-Mail Address:Mobile Tel. No.:American LegalNet, Inc. www.USCourtForms.comCOURT COUNTY OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .:::::::Index No.Calendar No.2JUDICIAL SUBPOENAPlaintiff(s) -against-Defendant(s)5.Only subscription or purchase agreements assigned or transferred in compliance with 13 NYCRR 18.3(g) or 13 NYCRR 23.3(r) have been counted for purposes of declaring the plan effective. 6.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .There are no material changes to the budget for the first year's operation which have not been disclosed in a duly filed amendment to the offering plan. 7.The following subscribers or purchasers are either the sponsor, the selling agent or the managing agent, or are principals of the sponsor, the selling agent or the managing agent, or are related to the sponsor, the selling agent or the managing agent or to any principal of the sponsor, the selling agent or the managing agent, by blood, marriage, adoption or as a business associate, an employee, a shareholder or a limited partner: Name ofTHE PEOPLE OF THE STATE OF NEW YORK TOUnitNature ofIf Unit OccupiedWhether Subscription PurchaserPurchasedRelationshipName of Occupantof Purchase Agreement is Being Counted Toward Effectiveness (Yes or No)GREETINGS:WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before Court at the the Honorable(a)(b)(c)(d)(e)(f)8.,located at County ofo'clock in the day of, on the, 20, at or adjourned date, to testify and give evidence as a witness in this action on the part of thenoon, and at any recessed in roomYour failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result of your failure to comply.The following subscribers or purchasers are being counted to meet the 15% needed for the plan to become effective:A.Bona fide tenants in occupancy on the date the plan is accepted for filing:, one of the Justices of theCourt in Witness, Honorableday of, 20 County,UnitUnit in WhichDate ofHas this PurchasedDate DepositAmount ofTenant ResidesSubscriptionTenants's AgreementPaid if DifferentDeposit(Attorney must sign above and type name below)from Subscription Subscription DateAgreementBeenAssigned? (Yes or No) (a)(b)(c)(d(e)(f)Attorney(s) forOffice and P.O. AddressTelephone No.: Facsimile No.: E-Mail Address:Mobile Tel. No.:American LegalNet, Inc. www.USCourtForms.comCOURT COUNTY OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .:::::::Index No.Calendar No.3JUDICIAL SUBPOENAPlaintiff(s) -against-Defendant(s)(B)Bona fide purchasers who represent that they or one or more members of their immediate family intend to occupy unit when it becomes vacant: 1. Purchasers of Vacant Apartments:Name ofUnitHas TenantAffidavit ofDate ofAmount ofDate PurchaserPurchasedTakenIntent toSubscriptionDepositDeposit Occupancy. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .ResideAgreementPaid if (Yes or No)(Yes or No)DifferentFromSubscrip-tion dateTHE PEOPLE OF THE STATE OF NEW YORK TO(a)(b)(c)(d)(e)(f)GREETINGS:WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before Court at the the Honorable,located at County ofo'clock in the day of, on the, 20, at or adjourned date, to testify and give evidence as a witness in this action on the part of thenoon, and at any recessed in room2. Purchasers of Occupied ApartmentsName ofUnitAffidavit ofHas PurchaserDate ofDate PurchaserAmount ofPurchasedIntent toSubmittedSubscriptionDeposit ResideDepositQuestionnaireAgreementPaid if SubmittedYour failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result of your failure to comply.(Yes or No)Different (Yes or No)FromSubscrip-tion date, one of the Justices of the(a)(b)(c)(d)(e)(f