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This entry was published on 2021-04-23
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SECTION 307
Service of process on unauthorized foreign corporation
Business Corporation (BSC) CHAPTER 4, ARTICLE 3
§ 307. Service of process on unauthorized foreign corporation.

(a) In any case in which a non-domiciliary would be subject to the
personal or other jurisdiction of the courts of this state under article
three of the civil practice law and rules, a foreign corporation not
authorized to do business in this state is subject to a like
jurisdiction. In any such case, process against such foreign corporation
may be served upon the secretary of state as its agent. Such process may
issue in any court in this state having jurisdiction of the subject
matter.

(b) * Service of such process upon the secretary of state shall be
made by personally delivering to and leaving with him or his 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,
a copy of such process together with the statutory fee, which fee shall
be a taxable disbursement. Such service shall be sufficient if notice
thereof and a copy of the process are:

* NB Effective until January 1, 2023

* Service of such process upon the secretary of state shall be made in
the manner provided by subparagraph one or two of this paragraph. Either
option of service authorized pursuant to this paragraph shall be
available at no extra cost to the consumer. (1) Personally delivering to
and leaving with him or his 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, a copy of such process
together with the statutory fee, which fee shall be a taxable
disbursement. (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. Such service shall be sufficient if notice thereof
and a copy of the process are:

* NB Effective January 1, 2023

(1) Delivered personally without this state to such foreign
corporation by a person and in the manner authorized to serve process by
law of the jurisdiction in which service is made, or

(2) Sent by or on behalf of the plaintiff to such foreign corporation
by registered mail with return receipt requested, at the post office
address specified for the purpose of mailing process, on file in the
department of state, or with any official or body performing the
equivalent function, in the jurisdiction of its incorporation, or if no
such address is there specified, to its registered or other office there
specified, or if no such office is there specified, to the last address
of such foreign corporation known to the plaintiff.

(c) 1. Where service of a copy of process was effected by personal
service, proof of service shall be by affidavit of compliance with this
section filed, together with the process, within thirty days after such
service, with the clerk of the court in which the action or special
proceeding is pending. Service of process shall be complete ten days
after such papers are filed with the clerk of the court.

2. Where service of a copy of process was effected by mailing in
accordance with this section, proof of service shall be by affidavit of
compliance with this section filed, together with the process, within
thirty days after receipt of the return receipt signed by the foreign
corporation, or other official proof of delivery or of the original
envelope mailed. If a copy of the process is mailed in accordance with
this section, there shall be filed with the affidavit of compliance
either the return receipt signed by such foreign corporation or other
official proof of delivery or, if acceptance was refused by it, the
original envelope with a notation by the postal authorities that
acceptance was refused. If acceptance was refused, a copy of the notice
and process together with notice of the mailing by registered mail and
refusal to accept shall be promptly sent to such foreign corporation at
the same address by ordinary mail and the affidavit of compliance shall
so state. Service of process shall be complete ten days after such
papers are filed with the clerk of the court. The refusal to accept
delivery of the registered mail or to sign the return receipt shall not
affect the validity of the service and such foreign corporation refusing
to accept such registered mail shall be charged with knowledge of the
contents thereof.

(d) Service made as provided in this section shall have the same force
as personal service made within this state.

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