Assembly Bill A8455

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 Via S5533 - 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-A8455 (ACTIVE) - Details

See Senate Version of this Bill:
S5533
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-A8455 (ACTIVE) - Summary

Relates to service of process upon the secretary of state.

2011-A8455 (ACTIVE) - Bill Text download pdf

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

                                  8455

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              June 16, 2011
                               ___________

Introduced  by  M.  of  A.  WEINSTEIN  --  read once and referred to the
  Committee on Judiciary

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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