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Assembly Bill A11390

2025-2026 Legislative Session

Relates to electronic service of process

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Current Bill Status - In Assembly Committee

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2025-A11390 (ACTIVE) - Details

See Senate Version of this Bill:
S8397
Current Committee:
Assembly Corporations, Authorities And Commissions
Law Section:
Business Corporation Law
Laws Affected:
Amd §306, BC L; amd §19, Gen Assoc L; amd §303, Lim Lil L; amd §306, N-PC L; amd §§121-109 & 121-1505, Partn L; amd §339-n, RP L

2025-A11390 (ACTIVE) - Summary

Permits process to be served electronically by certain entities on the secretary of state for certain purposes.

2025-A11390 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11390
 
                           I N  A S S E M B L Y
 
                               May 15, 2026
                                ___________
 
 Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Braunstein)
   -- (at request of the Department of State) -- read once  and  referred
   to the Committee on Corporations, Authorities and Commissions
 
 AN  ACT to amend the business corporation law, general associations law,
   limited liability company law, not-for-profit corporation  law,  part-
   nership  law  and real property law, in relation to electronic service
   of process
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The opening paragraph of subparagraph 1 of paragraph (b) of
 section  306 of the business corporation law, as amended by section 2 of
 part KK of chapter 56 of the laws of 2021, is amended and a  new  clause
 (iii) is added to read as follows:
   Service of process on the secretary of state as agent of a domestic or
 authorized  foreign  corporation shall be made in the manner provided by
 clause (i) [or], (ii) OR  (III)  of  this  subparagraph.  [Either]  EACH
 option  of  service  authorized  pursuant  to this subparagraph shall be
 available at no extra cost to the consumer.
   (III) PROVIDED PROCESS IS SERVED BY OR ON BEHALF OF  THE  STATE  OR  A
 CITY,  TOWN,  VILLAGE  OR  OTHER  POLITICAL SUBDIVISION OF THE STATE, BY
 ELECTRONICALLY SUBMITTING A COPY OF THE PROCESS  TO  THE  DEPARTMENT  OF
 STATE,  THROUGH  AN  ELECTRONIC SYSTEM OPERATED BY AND WITH CAPABILITIES
 DETERMINED BY THE DEPARTMENT OF STATE, TOGETHER WITH THE STATUTORY  FEE,
 IF REQUIRED, WHICH FEE SHALL BE A TAXABLE DISBURSEMENT. SERVICE OF PROC-
 ESS  ON  SUCH  CORPORATION SHALL BE COMPLETE WHEN THE SECRETARY OF STATE
 HAS REVIEWED AND ACCEPTED SERVICE OF  SUCH  PROCESS.  THE  SECRETARY  OF
 STATE  SHALL  PROMPTLY EITHER: (A) SEND A COPY OF SUCH PROCESS BY CERTI-
 FIED MAIL, RETURN RECEIPT REQUESTED, TO SUCH CORPORATION,  AT  THE  POST
 OFFICE  ADDRESS,  ON  FILE IN THE DEPARTMENT OF STATE, SPECIFIED FOR THE
 PURPOSE OR, 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  CORPO-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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