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This entry was published on 2014-09-22
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SECTION 172-C
Non-resident charitable organizations; designation of secretary of state as agent for service of process; service of process
Executive (EXC) CHAPTER 18, ARTICLE 7-A
§ 172-c. Non-resident charitable organizations; designation of
secretary of state as agent for service of process; service of process.
1. Any charitable organization having its principal place of business
without the state or organized under and by virtue of the laws of
another or foreign state and which solicits contributions from people in
this state, shall be deemed to have irrevocably appointed the secretary
of state as its agent upon whom may be served any summons, subpoena,
subpoena duces tecum, other process or notice directed to such
charitable organization, or any partner, principal, officer, trustee or
director thereof, in any action or proceeding brought by the attorney
general or any other party under the provisions of this article. Any
such charitable organization may file with the secretary of state of the
state of New York a designation, duly acknowledged in accordance with
procedures for such filing with the secretary of state, irrevocably
appointing the secretary of state as its agent upon whom may be served
any such process; provided, however, that a designation filed with the
secretary of state pursuant to section three hundred fifty-two-a of the
general business law or section thirteen hundred four of the
not-for-profit corporation law shall serve also as such designation.

2. Service of such process upon the secretary of state shall be made
by personally delivering to and leaving with the secretary of state or
any person authorized by the secretary of state to accept such service a
copy thereof at the office of the department of state in the city of
Albany, and such service shall be sufficient service provided that
notice of such service and a copy of such process are forthwith sent by
the attorney general or any other party to such charitable organization
by certified mail with return receipt requested, at its office as set
forth in the registration form required to be filed with the attorney
general pursuant to section one hundred seventy-two of this article, or
in default of the filing of such form, at the last address known to the
attorney general or any other party. Service of such process shall be
complete upon the receipt by the attorney general or any other party of
a return receipt purporting to be signed by the addressee or a person
qualified to receive its certified mail, in accordance with the rules
and customs of the post office department, or, if acceptance was refused
by the addressee or its agent, ten days after the return to the attorney
general or any other party of a notation by the postal authorities that
receipt thereof was refused.