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This entry was published on 2021-04-23
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SECTION 306
Service of process
Business Corporation (BSC) CHAPTER 4, ARTICLE 3
§ 306. Service of process.

(a) Service of process on a registered agent may be made in the manner
provided by law for the service of a summons, as if the registered agent
was a defendant.

(b) * (1) Service of process on the secretary of state as agent of a
domestic or authorized foreign corporation shall be made by personally
delivering 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,
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 corporation at the address of its office within
this state on file in the department.

* NB Effective until January 1, 2023

* (1) 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) of this subparagraph. Either option of
service authorized pursuant to this subparagraph shall be available at
no extra cost to the consumer. (i) Personally delivering 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, 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
corporation at the address of its office within this state on file in
the department. (ii) 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 domestic or authorized foreign
corporation 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 corporation 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 has been served to such corporation 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 corporation.

* NB Effective January 1, 2023

(2) An additional service of the summons may be made pursuant to
paragraph four of subdivision (f) of section thirty-two hundred fifteen
of the civil practice law and rules.

(c) If an action or special proceeding is instituted in a court of
limited jurisdiction, service of process may be made in the manner
provided in this section if the office of the domestic or foreign
corporation is within the territorial jurisdiction of the court.

(d) Nothing in this section shall affect the right to serve process in
any other manner permitted by law.