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This entry was published on 2014-09-22
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SECTION 173-C
Non-resident professional fund raisers, fund raising counsel, professional solicitors and commercial co-venturers; designation of secreta...
Executive (EXC) CHAPTER 18, ARTICLE 7-A
§ 173-c. Non-resident professional fund raisers, fund raising counsel,
professional solicitors and commercial co-venturers; designation of
secretary of state as agent for service of process; service of process.
1. Any professional fund raiser, fund raising counsel, professional
solicitor or commercial co-venturer resident or whose principal place of
business is without the state or organized under and by virtue of the
laws of another or foreign state, who or which has been engaged by or on
behalf of any charitable organization to conduct any fund raising
activities in this state and/or solicit contributions from people in
this state shall be deemed to have irrevocably appointed the secretary
of state as the agent upon whom may be served any summons, subpoena,
subpoena duces tecum, other process or notice directed to such
professional fund raiser, fund raising counsel, professional solicitor,
commercial co-venturer or any partner, principal, officer, or director
thereof, in any action or proceeding brought by the attorney general or
any other party under the provisions of this section. Any such
professional fund raiser, fund raising counsel, professional solicitor
or commercial co-venturer may file with the secretary of state a
designation, in terms complying herewith, duly acknowledged, irrevocably
appointing the secretary of state as the 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, section thirteen hundred four of the
not-for-profit corporation law, or section thirteen hundred four of the
business corporation law shall serve also as such designation.

2. Service of such process or notice 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 other party as the case may be to such
professional fund raiser, fund raising counsel, professional solicitor
or commercial co-venturer by certified mail with return receipt
requested, at the office address as set forth in the registration form
required to be filed with the attorney general pursuant to sections one
hundred seventy-three and one hundred seventy-three-b of this article,
or in default of the filing of such form, at the last address known to
the attorney general or other party. Service of such process shall be
complete ten days after the receipt by the attorney general or other
party of a return receipt purporting to be signed by the addressee or a
person qualified to receive the addressee's certified mail, in
accordance with the rules and customs of the post office department, or,
if acceptance was refused by the addressee or the agent, ten days after
the return to the attorney general or other party of the original
envelope bearing a notation by the postal authorities that receipt
thereof was refused.