NY State Senate Bill 2025-S8397

Current Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 12, 2025	referred to corporations, authorities and commissions delivered to assembly passed senate ordered to third reading cal.1938
Jun 08, 2025	referred to rules

Votes

- Jun 12, 2025 - Floor Vote
  S8397
  
  59
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  4
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 12, 2025
      
      aye (59)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Baskin
      
      Borrello
      
      Brisport
      
      Brouk
      
      Bynoe
      
      Canzoneri-Fitzpatrick
      
      Chan
      
      Cleare
      
      Comrie
      
      Cooney
      
      Fahy
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Krueger
      
      Lanza
      
      Liu
      
      Martinez
      
      Martins
      
      Mattera
      
      May
      
      Mayer
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Rhoads
      
      Rivera
      
      Rolison
      
      Ryan
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Walczyk
      
      Webb
      
      Weber
      
      Weik
      
      excused (4)
      
      Murray
      
      Myrie
      
      Ramos
      
      Sutton
      
      The following Member(s) participated via videoconferencing: Brouk
  Jun 12, 2025 - Rules Committee Vote
  S8397
  
  18
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 12, 2025
      
      aye (18)
      
      Addabbo Jr.
      
      Bailey
      
      Comrie
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Harckham
      
      Helming
      
      Hoylman-Sigal
      
      Krueger
      
      Lanza
      
      Liu
      
      Mayer
      
      Ortt
      
      Parker
      
      Sepúlveda
      
      Stec
      
      Stewart-Cousins
      
      aye wr (2)
      
      Griffo
      
      O'Mara
      
      excused (1)
      
      Myrie

2025-S8397 (ACTIVE) - Details

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-S8397 (ACTIVE) - Summary

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

2025-S8397 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8397

SPONSOR: MARTINEZ
 
TITLE OF BILL:

An act to amend the business corporation law, general associations law,
limited liability company law, not-for-profit corporation law, partner-
ship law and real property law, in relation to electronic service of
process

 
PURPOSE OF THE BILL:

To reduce the amount of time and effort it takes the state and munici-
palities to serve process on the Secretary of State and alert corpo-
rations and other business entities of service of process much sooner.

 
SUMMARY OF PROVISIONS:

Section 1 amends section 306 of the Business Corporation Law to author-
ize the state and municipalities to serve process electronically on the
Secretary of State as the agent of a business corporation and for a copy
of such process to be provided to the corporation by certified mailed or

notice of service to be provided to the corporation by email.

Section 2 amends section 19 of the General Associations Law to authorize
the state and municipalities to serve process electronically on the
Secretary of State as the agent of an association and for a copy of such
process to be provided to the association by certified mailed or notice
of service to be provided to the association by email.

Section 3 amends section 303 of the Limited Liability Company Law to
authorize the state and municipalities to serve process electronically
on the Secretary of State as the agent of a limited liability company
and for a copy of such process to be provided to the limited liability
company by certified mailed or notice of service to be provided to the
limited liability company by email.

Section 4 amends section 306 of the Not-for-Profit Corporation Law to
authorize the state and municipalities to serve process electronically
on the Secretary of State as agent of a not-for-profit corporation and
for a copy of such process to be provided to the not-for-profit corpo-
ration by certified mailed or notice of service to be provided to the
not-for-profit corporation by email.

Section 5 amends section 121-109 of the Partnership Law to authorize the
state and municipalities to serve process electronically on the Secre-
tary of State as agent of a limited partnership and for a copy of such
process to be provided to the partnership by certified mailed or notice
of service to be provided to the limited partnership by email.

Section 6 amends section 121-1505 of the Partnership Law to authorize
the state and municipalities to serve process electronically on the
Secretary of State as agent of a limited liability partnership and for a
copy of such process to be provided to the limited liability partnership
by certified mailed or notice of service to be provided to the partner-
ship by email.

Section 7 amends section 339-n of the Real Property Law to authorize the
state and municipalities to serve process electronically on the Secre-
tary of State and for a copy of such process to be provided to the
condominium board of managers by certified mailed or notice of service
to be provided to the condominium board of managers by email.

Section 8 provides for an effective date of one hundred eighty days
after it shall have become law.

 
JUSTIFICATION:

Most corporations, business entities, and not-for-profit corporations
formed or authorized to do business in New York must designate the
Secretary of State as agent for service of process. The Department of
State is served with process approximately 130,000 times annually.
Process received must be promptly sent by certified mail to the entity
being sued or notice provided electronically for those entities that
have opted into electronic service of process (ESOP).  The manual proc-
ess employed by DOS as it relates to certified mailings is inefficient,
costly and creates risks that the entity will not receive prompt notice
of the pending litigation. Those serving the Secretary of State as agent
of the corporation or other business entity, must create hard copies of
the process and travel to Albany to effectuate service, unless the enti-
ty being sued has opted into ESOP. This can be costly and time consuming
as well.

This proposal will allow the state and municipalities to electronically
serve the Secretary of State even when business entities have not opted
into ESOP. In those instances, DOS would print and transmit process to
the entity served via certified mail, thus reducing the amount of time
and effort it takes the state and municipalities to serve the Secretary
of State and alerting business entities of the process much sooner. This
would specifically reduce a burden on New York City which serves a
significant amount of process on the Secretary of State in connection
with a local NYC law.

 
PRIOR LEGISLATIVE HISTORY:

None.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
One hundred eighty days after it shall have become law.

2025-S8397 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8397
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               June 8, 2025
                                ___________
 
 Introduced  by  Sen. MARTINEZ -- (at request of the Department of State)
   -- read twice and ordered printed, and when printed to be committed to
   the Committee on Rules
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10422-01-5

 S. 8397                             2
 
 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-
 RATION,  TO  SUCH  CORPORATION  AT THE ADDRESS OF ITS OFFICE WITHIN THIS
 STATE ON FILE IN THE DEPARTMENT; OR (B) EMAIL A NOTICE OF THE FACT  THAT
 PROCESS  AGAINST  THE  CORPORATION HAS BEEN SERVED ELECTRONICALLY ON THE
 SECRETARY OF STATE TO THE EMAIL ADDRESS ON FILE  IN  THE  DEPARTMENT  OF
 STATE,  SPECIFIED  FOR  THE PURPOSE AND SHALL MAKE A COPY OF THE PROCESS
 AVAILABLE TO SUCH CORPORATION.
   § 2. Section 19 of the general associations law, as amended by section
 16 of part KK of chapter 56 of the laws of 2021, is amended to  read  as
 follows:
   §  19.  Service  of process. Service of process against an association
 upon the secretary of state shall be made  in  the  manner  provided  by
 subdivision one [or], two OR THREE of this section. [Either] EACH option
 of  service authorized pursuant to this section shall be available at no
 extra cost to the consumer.
   [(1)] 1. Personally delivering to and leaving with [him  or  her]  THE
 SECRETARY OF STATE or with a person authorized by the secretary of state
 to  receive such service, duplicate copies of such process at the office
 of the department of state in the city of Albany. At the  time  of  such
 service  the plaintiff shall pay a fee of forty dollars to the secretary
 of state which shall be a taxable disbursement. The secretary  of  state
 shall  promptly send by certified mail one of such copies to the associ-
 ation at the address fixed for that purpose, as herein provided.
   [(2)] 2. Electronically submitting  a  copy  of  the  process  to  the
 department  of state together with the statutory fee, which fee shall be
 a taxable disbursement, through an electronic  system  operated  by  the
 department  of  state,  provided the association has an email address on
 file in the department of state to which the secretary  of  state  shall
 email  a  notice of the fact that process has been served electronically
 on the secretary of state. Service of process on such association  shall
 be  complete  when  the  secretary  of  state  has reviewed and accepted
 service of such process. The secretary of state shall  promptly  send  a
 notice of the fact that process against such association has been served
 electronically upon [him or her] THE SECRETARY OF STATE, to such associ-
 ation at the email address on file in the department of state, specified
 for  the  purpose and shall make a copy of the process available to such
 association. If the action or proceeding is instituted  in  a  court  of
 limited  jurisdiction,  service  of  process  may  be made in the manner
 provided in this section if the cause of action arose within the  terri-
 torial jurisdiction of the court and the office of the defendant, as set
 forth  in its statement filed pursuant to section eighteen of this chap-
 ter, is within such territorial jurisdiction.
   3. PROVIDED PROCESS IS SERVED BY OR ON BEHALF OF THE STATE OR A  CITY,
 TOWN,  VILLAGE OR OTHER POLITICAL SUBDIVISION OF THE STATE, BY ELECTRON-
 ICALLY SUBMITTING A COPY OF THE PROCESS  TO  THE  DEPARTMENT  OF  STATE,
 THROUGH  AN  ELECTRONIC  SYSTEM OPERATED BY AND WITH CAPABILITIES DETER-
 MINED BY THE DEPARTMENT OF STATE, TOGETHER WITH THE  STATUTORY  FEE,  IF
 REQUIRED,  WHICH FEE SHALL BE A TAXABLE DISBURSEMENT. SERVICE OF PROCESS
 ON SUCH ASSOCIATION 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  CERTIFIED
 MAIL,  RETURN RECEIPT REQUESTED, TO SUCH ASSOCIATION, AT THE POST OFFICE
 ADDRESS, ON FILE IN THE DEPARTMENT OF STATE, SPECIFIED FOR THE  PURPOSE;
 OR  (B)  EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST THE ASSOCIATION
 S. 8397                             3
 
 HAS BEEN SERVED ELECTRONICALLY ON THE SECRETARY OF STATE  TO  THE  EMAIL
 ADDRESS  ON  FILE  IN THE DEPARTMENT OF STATE, SPECIFIED FOR THE PURPOSE
 AND SHALL MAKE A COPY OF THE PROCESS AVAILABLE TO SUCH ASSOCIATION.
   §  3.  The  opening paragraph of subdivision (a) of section 303 of the
 limited liability company law, as amended by section 21 of  part  KK  of
 chapter  56  of  the  laws  of 2021, is amended and a new paragraph 3 is
 added to read as follows:
   Service of process on the secretary of state as agent  of  a  domestic
 limited liability company or authorized foreign limited liability compa-
 ny  shall  be  made in the manner provided by paragraph one [or], two OR
 THREE of this subdivision. [Either] EACH option  of  service  authorized
 pursuant  to this subdivision shall be available at no extra cost to the
 consumer.
   (3) PROVIDED PROCESS IS SERVED BY OR ON BEHALF OF THE STATE OR A CITY,
 TOWN, VILLAGE OR OTHER POLITICAL SUBDIVISION OF THE STATE, BY  ELECTRON-
 ICALLY  SUBMITTING  A  COPY  OF  THE PROCESS TO THE DEPARTMENT OF STATE,
 THROUGH AN ELECTRONIC SYSTEM OPERATED BY AND  WITH  CAPABILITIES  DETER-
 MINED  BY  THE  DEPARTMENT OF STATE, TOGETHER WITH THE STATUTORY FEE, IF
 REQUIRED, WHICH FEE SHALL BE A TAXABLE DISBURSEMENT. SERVICE OF  PROCESS
 ON  SUCH  LIMITED LIABILITY COMPANY SHALL BE COMPLETE WHEN THE SECRETARY
 OF STATE HAS REVIEWED AND ACCEPTED SERVICE OF SUCH PROCESS.  THE  SECRE-
 TARY  OF STATE SHALL PROMPTLY EITHER: (A) SEND A COPY OF SUCH PROCESS BY
 CERTIFIED MAIL, RETURN RECEIPT  REQUESTED,  TO  SUCH  LIMITED  LIABILITY
 COMPANY, AT THE POST OFFICE ADDRESS, ON FILE IN THE DEPARTMENT OF STATE,
 SPECIFIED  FOR THE PURPOSE; OR (B) EMAIL A NOTICE OF THE FACT THAT PROC-
 ESS AGAINST THE LIMITED LIABILITY COMPANY HAS BEEN SERVED ELECTRONICALLY
 ON THE SECRETARY OF STATE TO THE EMAIL ADDRESS ON FILE IN THE DEPARTMENT
 OF STATE, SPECIFIED FOR THE PURPOSE AND SHALL MAKE A COPY OF THE PROCESS
 AVAILABLE TO SUCH LIMITED LIABILITY COMPANY.
   § 4.  The opening paragraph of paragraph (b) of  section  306  of  the
 not-for-profit  corporation  law, as amended by section 30 of part KK of
 chapter 56 of the laws of 2021, is amended and a new subparagraph  3  is
 added to read as follows:
   Service  of  process  on the secretary of state as agent of a domestic
 corporation formed under article four of this chapter or  an  authorized
 foreign corporation shall be made in the manner provided by subparagraph
 one [or], two OR THREE of this paragraph.
   (3) PROVIDED PROCESS IS SERVED BY OR ON BEHALF OF THE STATE OR A CITY,
 TOWN,  VILLAGE OR OTHER POLITICAL SUBDIVISION OF THE STATE, BY ELECTRON-
 ICALLY SUBMITTING A COPY OF THE PROCESS  TO  THE  DEPARTMENT  OF  STATE,
 THROUGH  AN  ELECTRONIC  SYSTEM OPERATED BY AND WITH CAPABILITIES DETER-
 MINED BY THE DEPARTMENT OF STATE, TOGETHER WITH THE  STATUTORY  FEE,  IF
 REQUIRED,  WHICH FEE SHALL BE A TAXABLE DISBURSEMENT. SERVICE OF PROCESS
 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  CERTIFIED
 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 CORPORATION FORMED UNDER ARTICLE FOUR OF THIS CHAPTER
 OR AN AUTHORIZED FOREIGN CORPORATION HAS NO SUCH ADDRESS ON FILE IN  THE
 DEPARTMENT  OF  STATE, THE SECRETARY OF STATE SHALL SO MAIL SUCH COPY TO
 SUCH CORPORATION AT THE ADDRESS OF ITS OFFICE WITHIN THIS STATE ON  FILE
 IN  THE  DEPARTMENT;  OR  (B)  EMAIL  A  NOTICE OF THE FACT THAT PROCESS
 AGAINST THE CORPORATION HAS BEEN SERVED ELECTRONICALLY ON THE  SECRETARY
 OF STATE TO THE EMAIL ADDRESS ON FILE IN THE DEPARTMENT OF STATE, SPECI-
 S. 8397                             4
 
 FIED  FOR  THE PURPOSE AND SHALL MAKE A COPY OF THE PROCESS AVAILABLE TO
 SUCH CORPORATION.
   §  5.  The  opening paragraph of subdivision (a) of section 121-109 of
 the partnership law, as amended by section 41 of part KK of  chapter  56
 of  the  laws of 2021, is amended and a new paragraph 3 is added to read
 as follows:
   Service of process on the secretary of state as agent of a domestic or
 authorized foreign limited partnership  shall  be  made  in  the  manner
 provided  by  paragraph  one  [or],  two  OR  THREE of this subdivision.
 [Either] EACH option of service authorized pursuant to this  subdivision
 shall be available at no extra cost to the consumer.
   (3) PROVIDED PROCESS IS SERVED BY OR ON BEHALF OF THE STATE OR A CITY,
 TOWN,  VILLAGE OR OTHER POLITICAL SUBDIVISION OF THE STATE, BY ELECTRON-
 ICALLY SUBMITTING A COPY OF THE PROCESS  TO  THE  DEPARTMENT  OF  STATE,
 THROUGH  AN  ELECTRONIC  SYSTEM OPERATED BY AND WITH CAPABILITIES DETER-
 MINED BY THE DEPARTMENT OF STATE, TOGETHER WITH THE  STATUTORY  FEE,  IF
 REQUIRED,  WHICH FEE SHALL BE A TAXABLE DISBURSEMENT. SERVICE OF PROCESS
 ON SUCH LIMITED PARTNERSHIP 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
 CERTIFIED  MAIL,  RETURN RECEIPT REQUESTED, TO SUCH LIMITED PARTNERSHIP,
 AT THE POST OFFICE ADDRESS, ON FILE IN THE DEPARTMENT OF  STATE,  SPECI-
 FIED  FOR  THE  PURPOSE;  OR (B) EMAIL A NOTICE OF THE FACT THAT PROCESS
 AGAINST THE LIMITED PARTNERSHIP HAS BEEN SERVED  ELECTRONICALLY  ON  THE
 SECRETARY  OF  STATE  TO  THE EMAIL ADDRESS ON FILE IN THE DEPARTMENT OF
 STATE, SPECIFIED FOR THE PURPOSE AND SHALL MAKE A COPY  OF  THE  PROCESS
 AVAILABLE TO SUCH LIMITED PARTNERSHIP.
   §  6.  The opening paragraph of subdivision (a) of section 121-1505 of
 the partnership law, as amended by section 52 of part KK of  chapter  56
 of  the  laws of 2021, is amended and a new paragraph 3 is added to read
 as follows:
   Service of process on the secretary of state as agent of a  registered
 limited  liability  partnership  or  New York registered foreign limited
 liability partnership under this article shall be  made  in  the  manner
 provided  by  paragraph  one  [or],  two  OR  THREE of this subdivision.
 [Either] EACH option of service authorized pursuant to this  subdivision
 shall be available at no extra cost to the consumer.
   (3) PROVIDED PROCESS IS SERVED BY OR ON BEHALF OF THE STATE OR A CITY,
 TOWN,  VILLAGE OR OTHER POLITICAL SUBDIVISION OF THE STATE, BY ELECTRON-
 ICALLY SUBMITTING A COPY OF THE PROCESS  TO  THE  DEPARTMENT  OF  STATE,
 THROUGH  AN  ELECTRONIC  SYSTEM OPERATED BY AND WITH CAPABILITIES DETER-
 MINED BY THE DEPARTMENT OF STATE, TOGETHER WITH THE  STATUTORY  FEE,  IF
 REQUIRED,  WHICH FEE SHALL BE A TAXABLE DISBURSEMENT. SERVICE OF PROCESS
 ON SUCH LIMITED LIABILITY PARTNERSHIP SHALL BE COMPLETE WHEN THE  SECRE-
 TARY  OF  STATE  HAS  REVIEWED AND ACCEPTED SERVICE OF SUCH PROCESS. THE
 SECRETARY OF STATE SHALL PROMPTLY EITHER: (A) SEND A COPY OF SUCH  PROC-
 ESS  BY  CERTIFIED  MAIL,  RETURN  RECEIPT REQUESTED, TO SUCH REGISTERED
 LIMITED LIABILITY PARTNERSHIP OR NEW  YORK  REGISTERED  FOREIGN  LIMITED
 LIABILITY  PARTNERSHIP,  AT  THE  POST  OFFICE  ADDRESS,  ON FILE IN THE
 DEPARTMENT OF STATE, SPECIFIED FOR THE PURPOSE; OR (B) EMAIL A NOTICE OF
 THE FACT THAT PROCESS AGAINST THE REGISTERED LIMITED LIABILITY  PARTNER-
 SHIP  OR NEW   YORK REGISTERED FOREIGN LIMITED LIABILITY PARTNERSHIP HAS
 BEEN SERVED ELECTRONICALLY ON  THE  SECRETARY  OF  STATE  TO  THE  EMAIL
 ADDRESS  ON  FILE  IN THE DEPARTMENT OF STATE, SPECIFIED FOR THE PURPOSE
 AND SHALL MAKE A COPY OF THE PROCESS AVAILABLE TO SUCH REGISTERED LIMIT-
 S. 8397                             5
 
 ED LIABILITY PARTNERSHIP OR NEW  YORK REGISTERED FOREIGN LIMITED LIABIL-
 ITY PARTNERSHIP.
   §  7.  The  opening paragraph of subdivision 7 of section 339-n of the
 real property law, as amended by section 53 of part KK of chapter 56  of
 the laws of 2021, is amended and a new paragraph (c) is added to read as
 follows:
   A designation of the secretary of state as agent of the corporation or
 board  of  managers  upon  whom process against it may be served and the
 post office address within or without this state to which the  secretary
 of state shall mail a copy of any process against it served upon [him or
 her]  THE  SECRETARY  OF  STATE.  The  designation  may include an email
 address to which the secretary of state shall email a notice of the fact
 that process against it has been electronically served upon [him or her]
 THE SECRETARY OF STATE. Service of process on the secretary of state  as
 agent  of  such  corporation  or  board of managers shall be made in the
 manner provided by paragraph (a) [or], (b) OR (C) of  this  subdivision.
 [Either]  EACH option of service authorized pursuant to this subdivision
 shall be available at no extra cost to the consumer.
   (C) PROVIDED PROCESS IS SERVED BY OR ON BEHALF OF THE STATE OR A CITY,
 TOWN, VILLAGE OR OTHER POLITICAL SUBDIVISION OF THE STATE, BY  ELECTRON-
 ICALLY  SUBMITTING  A  COPY  OF  THE PROCESS TO THE DEPARTMENT OF STATE,
 THROUGH AN ELECTRONIC SYSTEM OPERATED BY AND  WITH  CAPABILITIES  DETER-
 MINED  BY  THE  DEPARTMENT OF STATE, TOGETHER WITH THE STATUTORY FEE, IF
 REQUIRED, WHICH FEE SHALL BE A TAXABLE DISBURSEMENT. SERVICE OF  PROCESS
 ON  SUCH  CORPORATION  OR  BOARD  OF MANAGERS SHALL BE COMPLETE WHEN THE
 SECRETARY OF STATE HAS REVIEWED AND ACCEPTED SERVICE  OF  SUCH  PROCESS.
 THE  SECRETARY  OF  STATE SHALL PROMPTLY EITHER: (I) SEND A COPY OF SUCH
 PROCESS BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, TO SUCH CORPORATION
 OR BOARD OF MANAGERS, AT THE POST OFFICE ADDRESS, ON FILE IN THE DEPART-
 MENT OF STATE, SPECIFIED FOR THE PURPOSE; OR (II) EMAIL A NOTICE OF  THE
 FACT  THAT PROCESS AGAINST THE CORPORATION OR BOARD OF MANAGERS HAS BEEN
 SERVED ELECTRONICALLY ON THE SECRETARY OF STATE TO THE EMAIL ADDRESS  ON
 FILE  IN  THE  DEPARTMENT  OF STATE, SPECIFIED FOR THE PURPOSE AND SHALL
 MAKE A COPY OF THE PROCESS AVAILABLE TO SUCH  CORPORATION  OR  BOARD  OF
 MANAGERS.
   § 8. This act shall take effect on the one hundred eightieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such effective date.

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Senate Bill S8397

Sponsored By

Current Bill Status - In Assembly Committee

Jun 12, 2025 - Floor Vote

Floor Vote: Jun 12, 2025

Jun 12, 2025 - Rules Committee Vote

Rules Committee Vote: Jun 12, 2025

2025-S8397 (ACTIVE) - Details

2025-S8397 (ACTIVE) - Summary

2025-S8397 (ACTIVE) - Sponsor Memo

2025-S8397 (ACTIVE) - Bill Text download pdf

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Senate Bill S8397

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Sponsored By

Monica R. Martinez

Current Bill Status - In Assembly Committee

2025-S8397 (ACTIVE) - Details

2025-S8397 (ACTIVE) - Summary

2025-S8397 (ACTIVE) - Sponsor Memo

2025-S8397 (ACTIVE) - Bill Text download pdf

Comments