311 - Termination of qualification.

§   311.   Termination   of  qualification.  1.  The  commissioner  of  transportation  shall  make  and   file   an   order   terminating   the  qualification   of   a   railroad   redevelopment  corporation  if  such  corporation or any affiliated corporation files an  application  for  an  increase   in   the   passenger  fares  and  charges  of  such  railroad  redevelopment corporation either with the commissioner of transportation  under section one hundred nineteen of the transportation  law,  or  with  the  interstate  commerce  commission  under  section  thirteen of title  forty-nine of the United States code, and the acts amendatory thereof or  supplementary thereto.    2. A railroad redevelopment corporation, at any  time  not  less  than  three  years  after  the  date  upon  which  it  qualified  as such, may  terminate   its   qualification   by   amending   its   certificate   of  incorporation,  by  action  pursuant  to  article  eight of the business  corporation law, without requiring  the  consent  and  approval  of  the  commissioner  of transportation, so as to delete therefrom the provision  that it elects to be qualified as a railroad redevelopment corporation.    3.  Upon  the  termination  of  its  qualification   as   a   railroad  redevelopment  corporation,  such corporation shall cease to be entitled  to  the  benefits  or  subject  to  the  obligations   of   a   railroad  redevelopment corporation; but such corporation shall continue to comply  with its agreement as to the setting aside and use of a separate fund in  accordance  with subparagraph (2) of paragraph (H) of subdivision two of  section three hundred three.