Legislation
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 in the manner provided by
subparagraph one or two of this paragraph.
* NB Effective until February 24, 2027
* 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, two or three of this paragraph.
* NB Effective February 24, 2027
(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.
* (3) Provided process is served by or on behalf of the state or a
city, town, village or other political subdivision of the state, by
electronically submitting a copy of the process to the department of
state, through an electronic system operated by and with capabilities
determined by the department of state, together with the statutory fee,
if required, which fee shall be a taxable disbursement. 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 either: (A) send a copy of such process 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 or, 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; or (B) email a notice of the fact that
process against the corporation has been served electronically on the
secretary of state to 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 February 24, 2027
(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.
(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 in the manner provided by
subparagraph one or two of this paragraph.
* NB Effective until February 24, 2027
* 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, two or three of this paragraph.
* NB Effective February 24, 2027
(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.
* (3) Provided process is served by or on behalf of the state or a
city, town, village or other political subdivision of the state, by
electronically submitting a copy of the process to the department of
state, through an electronic system operated by and with capabilities
determined by the department of state, together with the statutory fee,
if required, which fee shall be a taxable disbursement. 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 either: (A) send a copy of such process 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 or, 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; or (B) email a notice of the fact that
process against the corporation has been served electronically on the
secretary of state to 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 February 24, 2027
(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.