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This entry was published on 2021-04-23
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SECTION 306
Service of process
Not-for-Profit Corporation (NPC) CHAPTER 35, 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) Service of process on the secretary of state as agent of a
domestic corporation formed under article four of this chapter or an
authorized foreign corporation 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
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 corporation formed under article four of this
chapter or an authorized foreign corporation has no such address on file
in the department of state, the secretary of state shall so mail such
copy to such corporation at the address of its office within this state
on file in the department.

* NB Effective until January 1, 2023

* (b) Service of process on the secretary of state as agent of a
domestic corporation formed under article four of this chapter or an
authorized foreign corporation shall be made in the manner provided by
subparagraph one or two of this paragraph. (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
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 corporation formed under article four of this
chapter or an authorized foreign corporation has no such address on file
in the department of state, the secretary of state shall so mail such
copy to such corporation at the address of its office within this state
on file in the department. (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 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 against such corporation has been served electronically on him
or her 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.

* NB Effective January 1, 2023

(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 corporation
formed under article four of this chapter 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.