Senate Bill S5533

Vetoed By Governor
2011-2012 Legislative Session

Relates to service of process upon the secretary of state

download bill text pdf

Sponsored By

Archive: Last Bill Status - Vetoed by Governor


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Vetoed By Governor
  • Signed By Governor

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2011-S5533 (ACTIVE) - Details

See Assembly Version of this Bill:
A8455
Law Section:
Business Corporation Law
Laws Affected:
Amd §§306, 306-A & 307, Bus Corp L; amd §172-c, Exec L; amd §19, Gen Assoc L; amd §§301-A, 303 & 304, Lim Lil L; amd §§306 & 307, N-PC L; amd §§121-104-A, 121-109, 121-1505 & 121-1506, Partn L; amd §339-n RP L

2011-S5533 (ACTIVE) - Summary

Relates to service of process upon the secretary of state.

2011-S5533 (ACTIVE) - Sponsor Memo

2011-S5533 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5533

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              May 31, 2011
                               ___________

Introduced  by  Sen. BONACIC -- read twice and ordered printed, and when
  printed to be committed to the Committee on Corporations,  Authorities
  and Commissions

AN  ACT  to  amend  the business corporation law, the executive law, the
  general associations law, the limited liability company law, the  not-
  for-profit corporation law, the partnership law, and the real property
  law, in relation to service of process

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  Paragraph 1 of subdivision b of section 306 of  the  busi-
ness  corporation law, as amended by chapter 419 of the laws of 1990, is
amended to read as follows:
  (1) Service of process on the secretary of state as agent of a  domes-
tic or authorized foreign corporation shall be made by personally deliv-
ering  to  and  leaving with the secretary of state or a deputy, or with
any person authorized by the secretary of state to receive such service,
at the office of the department of state in the city of Albany OR AT ONE
OF HIS OR HER REGULARLY ESTABLISHED OFFICES, duplicate  copies  of  such
process  together  with  the statutory fee, which fee shall be a taxable
disbursement. Service of process on such corporation shall  be  complete
when  the  secretary of state is so served. The secretary of state shall
promptly send one of such  copies  by  certified  mail,  return  receipt
requested,  to  such corporation, at the post office address, on file in
the department of state, specified for the purpose.  If  a  domestic  or
authorized  foreign  corporation  has  no  such  address  on file in the
department of state, the secretary of state shall so mail such copy,  in
the case of a domestic corporation, in care of any director named in its
certificate  of  incorporation  at the director's address stated therein
or, in the case of an authorized foreign  corporation,  to  such  corpo-
ration  at  the  address  of its office within this state on file in the
department.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11436-01-1
              

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