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This entry was published on 2021-04-23
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SECTION 303
Service of process on limited liability companies
Limited Liability Company Law (LLC) CHAPTER 34, ARTICLE 3
§ 303. Service of process on limited liability companies. * (a)
Service of process on the secretary of state as agent of a domestic
limited liability company or authorized foreign limited liability
company shall be made by personally delivering to and leaving with the
secretary of state or his or her 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 limited liability company 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 limited liability company at the post office
address on file in the department of state specified for that purpose.

* NB Effective until January 1, 2023

* (a) Service of process on the secretary of state as agent of a
domestic limited liability company or authorized foreign limited
liability company shall be made in the manner provided by paragraph one
or two of this subdivision. Either option of service authorized pursuant
to this subdivision shall be available at no extra cost to the consumer.
(1) Personally delivering to and leaving with the secretary of state or
his or her 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 limited liability company 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 limited liability company at the post office address on file in the
department of state specified for that purpose. (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,
provided the domestic or authorized foreign limited liability company
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 limited liability company 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
against such limited liability company has been served electronically on
him or her to such limited liability company 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 limited liability company.

* NB Effective January 1, 2023

(b) Nothing in this section shall limit or affect the right to serve
any process required or permitted by law to be served upon a limited
liability company in any other manner now or hereafter permitted by law
or applicable rules of procedure.