Legislation
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 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.
* NB Effective until February 24, 2027
* 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), (ii) or (iii) of this subparagraph. Each option of
service authorized pursuant to this subparagraph shall be available at
no extra cost to the consumer.
* NB Effective February 24, 2027
(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.
* (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
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 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; 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.
* NB Effective February 24, 2027
(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.
(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 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.
* NB Effective until February 24, 2027
* 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), (ii) or (iii) of this subparagraph. Each option of
service authorized pursuant to this subparagraph shall be available at
no extra cost to the consumer.
* NB Effective February 24, 2027
(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.
* (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
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 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; 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.
* NB Effective February 24, 2027
(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.