Bill Text: NY A03300 | 2019-2020 | General Assembly | Introduced
Bill Title: Relates to expanding service of process to the department of state in the city of New York.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-01-08 - referred to ways and means [A03300 Detail]
Download: New_York-2019-A03300-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 3300 2019-2020 Regular Sessions IN ASSEMBLY January 29, 2019 ___________ Introduced by M. of A. DINOWITZ -- read once and referred to the Commit- tee on Judiciary AN ACT to amend the business corporation law, the executive law, the general associations law, the limited liability company law, the not- for-profit corporation law, the partnership law, the tax law, the administrative code of the city of New York, the real property law, the general business law, the navigation law, and the vehicle and traffic law, in relation to expanding service of process to the department of state in the city of New York The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph 1 of subdivision (b) of section 306 of the busi- 2 ness corporation law, as amended by chapter 419 of the laws of 1990, is 3 amended to read as follows: 4 (1) Service of process on the secretary of state as agent of a domes- 5 tic or authorized foreign corporation shall be made by personally deliv- 6 ering to and leaving with the secretary of state or a deputy, or with 7 any person authorized by the secretary of state to receive such service, 8 at the office of the department of state in either the city of Albany or 9 New York, duplicate copies of such process together with the statutory 10 fee, which fee shall be a taxable disbursement. Service of process on 11 such corporation shall be complete when the secretary of state is so 12 served. The secretary of state shall promptly send one of such copies by 13 certified mail, return receipt requested, to such corporation, at the 14 post office address, on file in the department of state, specified for 15 the purpose. If a domestic or authorized foreign corporation has no such 16 address on file in the department of state, the secretary of state shall 17 so mail such copy, in the case of a domestic corporation, in care of any 18 director named in its certificate of incorporation at the director's 19 address stated therein or, in the case of an authorized foreign corpo- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01341-01-9A. 3300 2 1 ration, to such corporation at the address of its office within this 2 state on file in the department. 3 § 2. The executive law is amended by adding a new section 92-a to read 4 as follows: 5 § 92-a. Service of process. In any case in which service of process on 6 the secretary of state as agent or attorney of an organization, associ- 7 ation, partnership, corporation, company, trust or other person or enti- 8 ty is authorized by law at the office of the department of state in the 9 city of Albany, service of process on the secretary of state may be made 10 by personal delivery to the secretary of state or a deputy, or any 11 person authorized by the secretary of state to receive such service, at 12 the office of the department of state in the city of New York. The 13 secretary of state shall so authorize appropriate persons at such 14 office. 15 § 3. Subdivision 2 of section 172-c of the executive law, as amended 16 by chapter 43 of the laws of 2002, is amended to read as follows: 17 2. Service of such process upon the secretary of state shall be made 18 by personally delivering to and leaving with the secretary of state or 19 any person authorized by the secretary of state to accept such service a 20 copy thereof at the office of the department of state in either the city 21 of Albany or New York, and such service shall be sufficient service 22 provided that notice of such service and a copy of such process are 23 forthwith sent by the attorney general or any other party to such chari- 24 table organization by certified mail with return receipt requested, at 25 its office as set forth in the registration form required to be filed 26 with the attorney general pursuant to section one hundred seventy-two of 27 this article, or in default of the filing of such form, at the last 28 address known to the attorney general or any other party. Service of 29 such process shall be complete upon the receipt by the attorney general 30 or any other party of a return receipt purporting to be signed by the 31 addressee or a person qualified to receive its certified mail, in 32 accordance with the rules and customs of the post office department, or, 33 if acceptance was refused by the addressee or its agent, ten days after 34 the return to the attorney general or any other party of a notation by 35 the postal authorities that receipt thereof was refused. 36 § 4. Subdivision 2 of section 173-c of the executive law, as amended 37 by chapter 43 of the laws of 2002, is amended to read as follows: 38 2. Service of such process or notice upon the secretary of state shall 39 be made by personally delivering to and leaving with the secretary of 40 state or any person authorized by the secretary of state to accept such 41 service a copy thereof at the office of the department of state in 42 either the city of Albany or New York, and such service shall be suffi- 43 cient service provided that notice of such service and a copy of such 44 process are forthwith sent by the attorney general or other party as the 45 case may be to such professional fund raiser, fund raising counsel, 46 professional solicitor or commercial co-venturer by certified mail with 47 return receipt requested, at the office address as set forth in the 48 registration form required to be filed with the attorney general pursu- 49 ant to sections one hundred seventy-three and one hundred 50 seventy-three-b of this article, or in default of the filing of such 51 form, at the last address known to the attorney general or other party. 52 Service of such process shall be complete ten days after the receipt by 53 the attorney general or other party of a return receipt purporting to be 54 signed by the addressee or a person qualified to receive the addressee's 55 certified mail, in accordance with the rules and customs of the post 56 office department, or, if acceptance was refused by the addressee or theA. 3300 3 1 agent, ten days after the return to the attorney general or other party 2 of the original envelope bearing a notation by the postal authorities 3 that receipt thereof was refused. 4 § 5. Section 19 of the general associations law, as amended by chapter 5 166 of the laws of 1991, is amended to read as follows: 6 § 19. Service of process. Service of process against an association 7 upon the secretary of state shall be made by personally delivering to 8 and leaving with him or a deputy secretary of state or an associate 9 attorney, senior attorney or attorney in the corporation division of the 10 department of state, duplicate copies of such process at the office of 11 the department of state in either the city of Albany or New York. At the 12 time of such service the plaintiff shall pay a fee of forty dollars to 13 the secretary of state which shall be a taxable disbursement. If the 14 cost of registered mail for transmitting a copy of the process shall 15 exceed two dollars, an additional fee equal to such excess shall be paid 16 at the time of the service of such process. The secretary of state shall 17 forthwith send by registered mail one of such copies to the association 18 at the address fixed for that purpose, as herein provided. If the action 19 or proceeding is instituted in a court of limited jurisdiction, service 20 of process may be made in the manner provided in this section if the 21 cause of action arose within the territorial jurisdiction of the court 22 and the office of the defendant, as set forth in its statement filed 23 pursuant to section eighteen of this [chapter] article, is within such 24 territorial jurisdiction. 25 § 6. Subdivision (b) of section 304 of the limited liability company 26 law is amended to read as follows: 27 (b) Service of such process upon the secretary of state shall be made 28 by personally delivering to and leaving with the secretary of state or 29 his or her deputy, or with any person authorized by the secretary of 30 state to receive such service, at the office of the department of state 31 in either the city of Albany or New York, a copy of such process togeth- 32 er with the statutory fee, which fee shall be a taxable disbursement. 33 § 7. Paragraph (b) of section 306 of the not-for-profit corporation 34 law, as amended by chapter 23 of the laws of 2014, is amended to read as 35 follows: 36 (b) Service of process on the secretary of state as agent of a domes- 37 tic corporation formed under article four of this chapter or an author- 38 ized foreign corporation shall be made by personally delivering to and 39 leaving with the secretary of state or his or her deputy, or with any 40 person authorized by the secretary of state to receive such service, at 41 the office of the department of state in either the city of Albany or 42 New York, duplicate copies of such process together with the statutory 43 fee, which fee shall be a taxable disbursement. Service of process on 44 such corporation shall be complete when the secretary of state is so 45 served. The secretary of state shall promptly send one of such copies 46 by certified mail, return receipt requested, to such corporation, at the 47 post office address, on file in the department of state, specified for 48 the purpose. If a domestic corporation formed under article four of this 49 chapter or an authorized foreign corporation has no such address on file 50 in the department of state, the secretary of state shall so mail such 51 copy to such corporation at the address of its office within this state 52 on file in the department. 53 § 8. The opening paragraph of paragraph 2 of subdivision (e) of 54 section 121-104-A of the partnership law, as added by chapter 448 of the 55 laws of 1998, is amended to read as follows:A. 3300 4 1 Service of such process upon the secretary of state shall be made by 2 personally delivering to and leaving with him or his deputy, or with any 3 person authorized by the secretary of state to receive such service, at 4 the office of the department of state in either the city of Albany or 5 New York, a copy of such process together with the statutory fee, which 6 fee shall be a taxable disbursement. Such service shall be sufficient if 7 notice thereof and a copy of the process are: 8 § 9. Paragraph 1 of subdivision (a) of section 121-109 of the partner- 9 ship law, as added by chapter 950 of the laws of 1990, such subdivision 10 as relettered by chapter 341 of the laws of 1999, is amended to read as 11 follows: 12 (1) By personally delivering to and leaving with him or his deputy, or 13 with any person authorized by the secretary of state to receive such 14 service, at the office of the department of state in either the city of 15 Albany or New York, duplicate copies of such process together with the 16 statutory fee, which fee shall be a taxable disbursement. 17 § 10. Subdivision (a) of section 121-1505 of the partnership law, as 18 added by chapter 470 of the laws of 1997, is amended to read as follows: 19 (a) Service of process on the secretary of state as agent of a regis- 20 tered limited liability partnership under this article shall be made by 21 personally delivering to and leaving with the secretary of state or a 22 deputy, or with any person authorized by the secretary of state to 23 receive such service, at the office of the department of state in either 24 the city of Albany or New York, duplicate copies of such process togeth- 25 er with the statutory fee, which fee shall be a taxable disbursement. 26 Service of process on such registered limited liability partnership 27 shall be complete when the secretary of state is so served. The secre- 28 tary of state shall promptly send one of such copies by certified mail, 29 return receipt requested, to such registered limited liability partner- 30 ship, at the post office address on file in the department of state 31 specified for such purpose. 32 § 11. The opening paragraph of paragraph 2 of subdivision (f) of 33 section 121-1506 of the partnership law, as added by chapter 448 of the 34 laws of 1998, is amended to read as follows: 35 Service of such process upon the secretary of state shall be made by 36 personally delivering to and leaving with him or his deputy, or with any 37 person authorized by the secretary of state to receive such service, at 38 the office of the department of state in either the city of Albany or 39 New York, a copy of such process together with the statutory fee, which 40 fee shall be a taxable disbursement. Such service shall be sufficient if 41 notice thereof and a copy of the process are: 42 § 12. Subdivision 2 of section 203 of the tax law, as amended by chap- 43 ter 100 of the laws of 1964, is amended to read as follows: 44 2. Every foreign corporation (other than a moneyed corporation) 45 subject to the provisions of this article, except a corporation having a 46 certificate of authority under former section two hundred twelve of the 47 general corporation law or having authority to do business by virtue of 48 section thirteen hundred five of the business corporation law, shall 49 file in the department of state a certificate of designation in its 50 corporate name, signed and acknowledged by its president or a vice-pre- 51 sident or its secretary or treasurer, under its corporate seal, desig- 52 nating the secretary of state as its agent upon whom process in any 53 action provided for by this article may be served within this state, and 54 setting forth an address to which the secretary of state shall mail a 55 copy of any such process against the corporation which may be served 56 upon him. In case any such corporation shall have failed to file suchA. 3300 5 1 certificate of designation, it shall be deemed to have designated the 2 secretary of state as its agent upon whom such process against it may be 3 served; and until a certificate of designation shall have been filed the 4 corporation shall be deemed to have directed the secretary of state to 5 mail copies of process served upon him to the corporation at its last 6 known office address within or without the state. When a certificate of 7 designation has been filed by such corporation the secretary of state 8 shall mail copies of process thereafter served upon him to the address 9 set forth in such certificate. Any such corporation, from time to time, 10 may change the address to which the secretary of state is directed to 11 mail copies of process, by filing a certificate to that effect executed, 12 signed and acknowledged in like manner as a certificate of designation 13 as herein provided. Service of process upon any such corporation or 14 upon any corporation having a certificate of authority under former 15 section two hundred twelve of the general corporation law or having 16 authority to do business by virtue of section thirteen hundred five of 17 the business corporation law, in any action commenced at any time pursu- 18 ant to the provisions of this article, may be made by either (1) 19 personally delivering to and leaving with the secretary of state, a 20 deputy secretary of state or with any person authorized by the secretary 21 of state to receive such service duplicate copies thereof at the office 22 of the department of state in either the city of Albany or New York, in 23 which event the secretary of state shall forthwith send by registered 24 mail, return receipt requested, one of such copies to the corporation at 25 the address designated by it or at its last known office address within 26 or without the state, or (2) personally delivering to and leaving with 27 the secretary of state, a deputy secretary of state or with any person 28 authorized by the secretary of state to receive such service, a copy 29 thereof at the office of the department of state in either the city of 30 Albany or New York and by delivering a copy thereof to, and leaving such 31 copy with, the president, vice-president, secretary, assistant secre- 32 tary, treasurer, assistant treasurer, or cashier of such corporation, or 33 the officer performing corresponding functions under another name, or a 34 director or managing agent of such corporation, personally without the 35 state. Proof of such personal service without the state shall be filed 36 with the clerk of the court in which the action is pending within thirty 37 days after such service, and such service shall be complete ten days 38 after proof thereof is filed. 39 § 13. Section 216 of the tax law, as added by chapter 415 of the laws 40 of 1944, the opening paragraph as amended by chapter 100 of the laws of 41 1964 and redesignated by chapter 613 of the laws of 1976, is amended to 42 read as follows: 43 § 216. Collection of taxes. Every foreign corporation (other than a 44 moneyed corporation) subject to the provisions of this article, except a 45 corporation having a certificate of authority under former section two 46 hundred twelve of the general corporation law or having authority to do 47 business by virtue of section thirteen hundred five of the business 48 corporation law, shall file in the department of state a certificate of 49 designation in its corporate name, signed and acknowledged by its presi- 50 dent or a vice-president or its secretary or treasurer, under its corpo- 51 rate seal, designating the secretary of state as its agent upon whom 52 process in any action provided for by this article may be served within 53 this state, and setting forth an address to which the secretary of state 54 shall mail a copy of any such process against the corporation which may 55 be served upon him. In case any such corporation shall have failed to 56 file such certificate of designation, it shall be deemed to have desig-A. 3300 6 1 nated the secretary of state as its agent upon whom such process against 2 it may be served; and until a certificate of designation shall have been 3 filed the corporation shall be deemed to have directed the secretary of 4 state to mail copies of process served upon him to the corporation at 5 its last known office address within or without the state. When a 6 certificate of designation has been filed by such corporation the secre- 7 tary of state shall mail copies of process thereafter served upon him to 8 the address set forth in such certificate. Any such corporation, from 9 time to time, may change the address to which the secretary of state is 10 directed to mail copies of process, by filing a certificate to that 11 effect executed, signed and acknowledged in like manner as a certificate 12 of designation as herein provided. Service of process upon any such 13 corporation or upon any corporation having a certificate of authority 14 under former section two hundred twelve of the general corporation law 15 or having authority to do business by virtue of section thirteen hundred 16 five of the business corporation law, in any action commenced at any 17 time pursuant to the provisions of this article, may be made by either 18 (1) personally delivering to and leaving with the secretary of state, a 19 deputy secretary of state or with any person authorized by the secretary 20 of state to receive such service duplicate copies thereof at the office 21 of the department of state in either the city of Albany or New York, in 22 which event the secretary of state shall forthwith send by registered 23 mail, return receipt requested, one of such copies to the corporation at 24 the address designated by it or at its last known office address within 25 or without the state, or (2) personally delivering to and leaving with 26 the secretary of state, a deputy secretary of state or with any person 27 authorized by the secretary of state to receive such service, a copy 28 thereof at the office of the department of state in either the city of 29 Albany or New York and by delivering a copy thereof to, and leaving such 30 copy with, the president, vice-president, secretary, assistant secre- 31 tary, treasurer, assistant treasurer, or cashier of such corporation, or 32 the officer performing corresponding functions under another name, or a 33 director or managing agent of such corporation, personally without the 34 state. Proof of such personal service without the state shall be filed 35 with the clerk of the court in which the action is pending within thirty 36 days after such service, and such service shall be complete ten days 37 after proof thereof is filed. 38 § 14. Subdivision (b) of section 310 of the tax law, as added by chap- 39 ter 400 of the laws of 1983, is amended to read as follows: 40 (b) Service of process.--Service of process upon any petroleum busi- 41 ness which is a corporation (including any such petroleum business 42 having a certificate of authority under former section two hundred 43 twelve of the general corporation law or having authority to do business 44 by virtue of section thirteen hundred five of the business corporation 45 law), in any action commenced at any time pursuant to the provisions of 46 this article, may be made by either (1) personally delivering to and 47 leaving with the secretary of state, a deputy secretary of state or with 48 any person authorized by the secretary of state to receive such service 49 duplicate copies thereof at the office of the department of state in 50 either the city of Albany or New York, in which event the secretary of 51 state shall forthwith send by registered mail, return receipt requested, 52 one of such copies to such petroleum business at the address designated 53 by it or at its last known office address within or without the state, 54 or (2) personally delivering to and leaving with the secretary of state, 55 a deputy secretary of state or with any person authorized by the secre- 56 tary of state to receive such service, a copy thereof at the office ofA. 3300 7 1 the department of state in either the city of Albany or New York and by 2 delivering a copy thereof to, and leaving such copy with, the president, 3 vice-president, secretary, assistant secretary, treasurer, assistant 4 treasurer, or cashier of such petroleum business, or the officer 5 performing corresponding functions under another name, or a director or 6 managing agent of such petroleum business, personally without the state. 7 Proof of such personal service without the state shall be filed with the 8 clerk of the court in which the action is pending within thirty days 9 after such service, and such service shall be complete ten days after 10 proof thereof is filed. 11 § 15. Subdivision 5 of section 511 of the tax law, as amended by 12 section 7 of part E of chapter 60 of the laws of 2007, is amended to 13 read as follows: 14 5. The operation by a nonresident of a vehicular unit in this state or 15 the operation in this state of a motor vehicle, trailer, semi-trailer, 16 dolly or other device owned by a nonresident shall be deemed equivalent 17 to an appointment by such nonresident of the secretary of state to be 18 his true and lawful attorney upon whom may be served the process in any 19 action or proceeding against him growing out of any liability for fees, 20 taxes, penalties or interest under this article and such operation shall 21 be deemed a signification of his agreement that any such process against 22 him which is so served shall be of the same legal force and validity as 23 if served on him personally within the state and within the territorial 24 jurisdiction of the court from which the process issues. Service of 25 process shall be made by either (1) personally delivering to and leaving 26 with the secretary of state or a deputy secretary of state duplicate 27 copies thereof at the office of the department of state in either the 28 city of Albany or New York, in which event the secretary of state shall 29 forthwith send by registered mail one of such copies to the person at 30 the address designated by him in his application for a certificate of 31 registration under this article or in the last return filed by him under 32 this article or as shown on the records of the commissioner, or if no 33 application has been filed, at his last known office address within or 34 without the state, or (2) personally delivering to and leaving with the 35 secretary of state or a deputy secretary of state a copy thereof at the 36 office of the department of state in either the city of Albany or New 37 York and by delivering a copy thereof to the person, personally without 38 the state. Proof of such personal service without the state shall be 39 filed with the clerk of the court in which the process is pending within 40 thirty days after such service and such service shall be complete ten 41 days after proof thereof is filed. 42 § 16. The opening paragraph of paragraph 2 of subdivision (e) of 43 section 301-A of the limited liability company law, as added by chapter 44 448 of the laws of 1998, is amended to read as follows: 45 Service of such process upon the secretary of state shall be made by 46 personally delivering to and leaving with him or his deputy, or with any 47 person authorized by the secretary of state to receive such service, at 48 the office of the department of state in either the city of Albany or 49 New York, a copy of such process together with the statutory fee, which 50 fee shall be a taxable disbursement. Such service shall be sufficient if 51 notice thereof and a copy of the process are: 52 § 17. Subdivision (a) of section 303 of the limited liability company 53 law, as relettered by chapter 341 of the laws of 1999, is amended to 54 read as follows: 55 (a) Service of process on the secretary of state as agent of a domes- 56 tic limited liability company or authorized foreign limited liabilityA. 3300 8 1 company shall be made by personally delivering to and leaving with the 2 secretary of state or his or her deputy, or with any person authorized 3 by the secretary of state to receive such service, at the office of the 4 department of state in either the city of Albany or New York, duplicate 5 copies of such process together with the statutory fee, which fee shall 6 be a taxable disbursement. Service of process on such limited liability 7 company shall be complete when the secretary of state is so served. The 8 secretary of state shall promptly send one of such copies by certified 9 mail, return receipt requested, to such limited liability company at the 10 post office address on file in the department of state specified for 11 that purpose. 12 § 18. The opening paragraph of paragraph (b) of section 307 of the 13 not-for-profit corporation law is amended to read as follows: 14 Service of such process upon the secretary of state shall be made by 15 personally delivering to and leaving with him or his deputy, or with any 16 person authorized by the secretary of state to receive such service, at 17 the office of the department of state in either the city of Albany or 18 New York, a copy of such process together with the statutory fee, which 19 fee shall be a taxable disbursement. Such service shall be sufficient if 20 notice thereof and a copy of the process are: 21 § 19. The opening paragraph of paragraph 2 of subdivision (e) of 22 section 306-a of the business corporation law, as added by chapter 469 23 of the laws of 1997, is amended to read as follows: 24 Service of such process upon the secretary of state shall be made by 25 personally delivering to and leaving with him or his deputy, or with any 26 person authorized by the secretary of state to receive such service, at 27 the office of the department of state in either the city of Albany or 28 New York, a copy of such process together with the statutory fee, which 29 fee shall be a taxable disbursement. Such service shall be sufficient if 30 notice thereof and a copy of the process are: 31 § 20. The opening paragraph of subdivision (b) of section 307 of the 32 business corporation law is amended to read as follows: 33 Service of such process upon the secretary of state shall be made by 34 personally delivering to and leaving with him or his deputy, or with any 35 person authorized by the secretary of state to receive such service, at 36 the office of the department of state in either the city of Albany or 37 New York, a copy of such process together with the statutory fee, which 38 fee shall be a taxable disbursement. Such service shall be sufficient if 39 notice thereof and a copy of the process are: 40 § 21. Section 11-609 of the administrative code of the city of New 41 York is amended to read as follows: 42 § 11-609 Collection of taxes. Every foreign corporation (other than a 43 moneyed corporation) subject to the provisions of this subchapter, 44 except a corporation having authority to do business by virtue of 45 section thirteen hundred five of the business corporation law, shall 46 file in the department of state a certificate of designation in its 47 corporate name, signed and acknowledged by its president or a vice-pre- 48 sident or its secretary or treasurer, under its corporate seal, desig- 49 nating the secretary of state as its agent upon whom process in any 50 action provided for by this subchapter may be served within this state, 51 and setting forth an address to which the secretary of state shall mail 52 a copy of any such process against the corporation which may be served 53 upon the secretary of state. In case any such corporation shall have 54 failed to file such certificate of designation, it shall be deemed to 55 have designated the secretary of state as its agent upon whom such proc- 56 ess against it may be served; and until a certificate of designationA. 3300 9 1 shall have been filed the corporation shall be deemed to have directed 2 the secretary of state to mail copies of process served upon him or her 3 to the corporation at its last known office address within or without 4 the state. When a certificate of designation has been filed by such 5 corporation the secretary of state shall mail copies of process there- 6 after served upon the secretary of state to the address set forth in 7 such certificate. Any such corporation, from time to time, may change 8 the address to which the secretary of state is directed to mail copies 9 of process, by filing a certificate to that effect executed, signed and 10 acknowledged in like manner as a certificate of designation as herein 11 provided. Service of process upon any such corporation or upon any 12 corporation having a certificate of authority under former section two 13 hundred twelve of the general corporation law or having authority to do 14 business by virtue of section thirteen hundred five of the business 15 corporation law, in any action commenced at any time pursuant to the 16 provisions of this subchapter, may be made by either: (a) personally 17 delivering to and leaving with the secretary of state, a deputy secre- 18 tary of state or with any person authorized by the secretary of state to 19 receive such service duplicate copies thereof at the office of the 20 department of state in either the city of Albany or New York, in which 21 event the secretary of state shall forthwith send by registered mail, 22 return receipt requested, one of such copies to the corporation at the 23 address designated by it or at its last known office address within or 24 without the state, or (b) personally delivering to and leaving with the 25 secretary of state, a deputy secretary of state or with any person 26 authorized by the secretary of state to receive such service, a copy 27 thereof at the office of the department of state in either the city of 28 Albany or New York and by delivering a copy thereof to, and leaving such 29 copy with, the president, vice-president, secretary, assistant secre- 30 tary, treasurer, assistant treasurer, or cashier of such corporation, or 31 the officer performing corresponding functions under another name, or a 32 director or managing agent of such corporation, personally without the 33 state. Proof of such personal service without the state shall be filed 34 with the clerk of the court in which the action is pending within thirty 35 days after such service, and such service shall be complete ten days 36 after proof thereof is filed. 37 § 22. Section 11-659 of the administrative code of the city of New 38 York, as added by section 1 of part D of chapter 60 of the laws of 2015, 39 is amended to read as follows: 40 § 11-659 Collection of taxes. Every foreign corporation (other than a 41 moneyed corporation) subject to the provisions of this subchapter, 42 except a corporation having authority to do business by virtue of 43 section thirteen hundred five of the business corporation law, shall 44 file in the department of state a certificate of designation in its 45 corporate name, signed and acknowledged by its president or a vice-pre- 46 sident or its secretary or treasurer, under its corporate seal, desig- 47 nating the secretary of state as its agent upon whom process in any 48 action provided for by this subchapter may be served within this state, 49 and setting forth an address to which the secretary of state shall mail 50 a copy of any such process against the corporation which may be served 51 upon the secretary of state. In case any such corporation shall have 52 failed to file such certificate of designation, it shall be deemed to 53 have designated the secretary of state as its agent upon whom such proc- 54 ess against it may be served; and until a certificate of designation 55 shall have been filed the corporation shall be deemed to have directed 56 the secretary of state to mail copies of process served upon him or herA. 3300 10 1 to the corporation at its last known office address within or without 2 the state. When a certificate of designation has been filed by such 3 corporation the secretary of state shall mail copies of process there- 4 after served upon the secretary of state to the address set forth in 5 such certificate. Any such corporation, from time to time, may change 6 the address to which the secretary of state is directed to mail copies 7 of process, by filing a certificate to that effect executed, signed and 8 acknowledged in like manner as a certificate of designation as herein 9 provided. Service of process upon any such corporation or upon any 10 corporation having a certificate of authority under section eight 11 hundred five of the limited liability company law or having authority to 12 do business by virtue of section thirteen hundred five of the business 13 corporation law, in any action commenced at any time pursuant to the 14 provisions of this subchapter, may be made by either: (a) personally 15 delivering to and leaving with the secretary of state, a deputy secre- 16 tary of state or with any person authorized by the secretary of state to 17 receive such service duplicate copies thereof at the office of the 18 department of state in either the city of Albany or New York, in which 19 event the secretary of state shall forthwith send by registered mail, 20 return receipt requested, one of such copies to the corporation at the 21 address designated by it or at its last known office address within or 22 without the state, or (b) personally delivering to and leaving with the 23 secretary of state, a deputy secretary of state or with any person 24 authorized by the secretary of state to receive such service, a copy 25 thereof at the office of the department of state in either the city of 26 Albany or New York and by delivering a copy thereof to, and leaving such 27 copy with, the president, vice-president, secretary, assistant secre- 28 tary, treasurer, assistant treasurer, or cashier of such corporation, or 29 the officer performing corresponding functions under another name, or a 30 director or managing agent of such corporation, personally without the 31 state. Proof of such personal service without the state shall be filed 32 with the clerk of the court in which the action is pending within thirty 33 days after such service, and such service shall be complete ten days 34 after proof thereof is filed. 35 § 23. Subdivision 1 of section 11-665 of the administrative code of 36 the city of New York is amended to read as follows: 37 1. Every foreign corporation (other than a moneyed corporation) 38 subject to the provisions of this subchapter, except a corporation 39 having authority to do business by virtue of section thirteen hundred 40 five of the business corporation law, shall file in the department of 41 state a certificate of designation in its corporate name, signed and 42 acknowledged by its president or vice-president or its secretary or 43 treasurer, under its corporate seal, designating the secretary of state 44 as its agent upon whom process in any action provided for by this 45 subchapter or subchapter five of this chapter may be served within this 46 state, and setting forth an address to which the secretary of state 47 shall mail a copy of any such process against the corporation which may 48 be served upon the secretary of state. In case any such corporation 49 shall have failed to file such certificate of designation, it shall be 50 deemed to have designated the secretary of state as its agent upon whom 51 such process against it may be served; and until a certificate of desig- 52 nation shall have been filed the corporation shall be deemed to have 53 directed the secretary of state to mail copies of process served upon 54 the secretary of state to the corporation at its last known office 55 address within or without the state. When a certificate of designation 56 has been filed by such corporation the secretary of state shall mailA. 3300 11 1 copies of process thereafter served upon the secretary of state to the 2 address set forth in such certificate. Any such corporation, from time 3 to time, may change the address to which the secretary of state is 4 directed to mail copies of process, by filing a certificate to that 5 effect executed, signed and acknowledged in like manner as a certificate 6 of designation as herein provided. Service of process upon any such 7 corporation or upon any corporation having authority to do business by 8 virtue of section thirteen hundred five of the business corporation law, 9 in any action commenced at any time pursuant to the provisions of this 10 subchapter five or former subchapter six of this chapter may be made by 11 either: (1) personally delivering to and leaving with the secretary of 12 state, a deputy secretary of state or with any person authorized by the 13 secretary of state to receive such service duplicate copies thereof at 14 the office of the department of state in either the city of Albany or 15 New York, in which event the secretary of state shall forthwith send by 16 registered mail, return receipt requested, one of such copies to the 17 corporation at the address designated by it or at its last known office 18 address within or without the state, or (2) personally delivering to and 19 leaving with the secretary of state, a deputy secretary of state or with 20 any person authorized by the secretary of state to receive such service, 21 a copy thereof at the office of the department of state in either the 22 city of Albany or New York and by delivering a copy hereof to, and leav- 23 ing such copy with, the president, vice-president, secretary, assistant 24 secretary, treasurer, assistant treasurer, or cashier of such corpo- 25 ration, or the officer performing corresponding functions under another 26 name, or a director or managing agent of such corporation, personally 27 without the state. Proof of such personal service without the state 28 shall be filed with the clerk of the court in which the action is pend- 29 ing within thirty days after such service, and such service shall be 30 complete ten days after proof thereof is filed. 31 § 24. Subdivision 7 of section 339-n of the real property law, as 32 amended by chapter 346 of the laws of 1997, is amended to read as 33 follows: 34 7. A designation of the secretary of state as agent of the corporation 35 or board of managers upon whom process against it may be served. 36 Service of process on the secretary of state as agent of such corpo- 37 ration or board of managers shall be made personally delivering to and 38 leaving with him or her or his or her deputy, or with any person author- 39 ized by the secretary of state to receive such service, at the office of 40 the department of state in either the city of Albany or New York, dupli- 41 cate copies of such process together with the statutory fee, which shall 42 be a taxable disbursement. Service of process on such corporation or 43 board of managers shall be complete when the secretary of state is so 44 served. The secretary of state shall promptly send one of such copies by 45 certified mail, return receipt requested, to such corporation or board 46 of managers, at the post office address, on file in the department of 47 state, specified for such purpose. Nothing in this subdivision shall 48 affect the right to serve process in any other manner permitted by law. 49 The corporation or board of managers shall also file with the secretary 50 of state the name and post office address within or without this state 51 to which the secretary of state shall mail a copy of any process against 52 it served upon the secretary of state and shall update the filing as 53 necessary. 54 § 25. Subdivision 3 of section 442-g of the real property law, as 55 amended by chapter 482 of the laws of 1963, is amended to read as 56 follows:A. 3300 12 1 3. Service of such process upon the secretary of state shall be made 2 by personally delivering to and leaving with him or his deputy or with 3 any person authorized by the secretary of state to receive such service, 4 at the office of the department of state in either the city of Albany or 5 New York, duplicate copies of such process together with a fee of five 6 dollars if the action is solely for the recovery of a sum of money not 7 in excess of two hundred dollars and the process is so endorsed, and a 8 fee of ten dollars in any other action or proceeding, which fee shall be 9 a taxable disbursement. If such process is served upon behalf of a coun- 10 ty, city, town or village, or other political subdivision of the state, 11 the fee to be paid to the secretary of state shall be five dollars, 12 irrespective of the amount involved or the nature of the action on 13 account of which such service of process is made. If the cost of regis- 14 tered mail for transmitting a copy of the process shall exceed two 15 dollars, an additional fee equal to such excess shall be paid at the 16 time of the service of such process. Proof of service shall be by affi- 17 davit of compliance with this subdivision filed by or on behalf of the 18 plaintiff together with the process, within ten days after such service, 19 with the clerk of the court in which the action or special proceeding is 20 pending. Service made as provided in this section shall be complete ten 21 days after such papers are filed with the clerk of the court and shall 22 have the same force and validity as if served on him personally within 23 the state and within the territorial jurisdiction of the court from 24 which the process issues. 25 § 26. Subdivision 2 of section 250 of the general business law, as 26 amended by chapter 103 of the laws of 1981, is amended to read as 27 follows: 28 2. A summons in an action described in this section may issue in any 29 court in the state having jurisdiction of the subject matter and be 30 served as hereinafter provided. Service of such summons shall be made by 31 mailing a copy thereof to the office of the secretary of state [at his32office] in either the city of Albany or New York, or by personally 33 delivering a copy thereof to one of his regularly established offices, 34 with a fee of ten dollars, and such service shall be sufficient service 35 upon such nonresident provided that notice of such service and a copy of 36 the summons and complaint are forthwith sent by or on behalf of the 37 plaintiff to the defendant by registered mail with return receipt 38 requested. The plaintiff shall file with the clerk of the court in which 39 the action is pending, or with the judge or justice of such court in 40 case there be no clerk, an affidavit of compliance herewith, a copy of 41 the summons and complaint, and either a return receipt purporting to be 42 signed by the defendant or a person qualified to receive his registered 43 mail, in accordance with the rules and customs of the post office 44 department; or, if acceptance was refused by the defendant or his agent, 45 the original envelope bearing a notation by the postal authorities that 46 receipt was refused, and an affidavit by or on behalf of the plaintiff 47 that notice of such mailing and refusal was forthwith sent to the 48 defendant by ordinary mail. Where the summons is mailed to a foreign 49 country, other official proof of the delivery of the mail may be filed 50 in case the post office department is unable to obtain such a return 51 receipt. The foregoing papers shall be filed within thirty days after 52 the return receipt or other official proof of delivery or the original 53 envelope bearing a notation of refusal, as the case may be, is received 54 by the plaintiff. Service of process shall be complete when such papers 55 are filed. The return receipt or other official proof of delivery shall 56 constitute presumptive evidence that the summons mailed was received byA. 3300 13 1 the defendant or a person qualified to receive his registered mail; and 2 the notation of refusal shall constitute presumptive evidence that the 3 refusal was by the defendant or his agent. Service of such summons also 4 may be made by mailing a copy thereof to the office of the secretary of 5 state [at his office] in either the city of Albany or New York, or by 6 personally delivering a copy thereof to one of his regularly established 7 offices, with a fee of ten dollars, and by delivering a duplicate copy 8 thereof, with a complaint annexed thereto, to the defendant personally 9 without the state by a resident or citizen of the state of New York or a 10 sheriff, under-sheriff, deputy-sheriff or constable of the county or 11 other political subdivision in which the personal service is made, or an 12 officer authorized by the laws of this state, to take acknowledgments of 13 deeds to be recorded in this state, or an attorney and/or counselor at 14 law, solicitor, advocate or barrister duly qualified to practice in the 15 state or country where such service is made, or by a United States 16 marshal or deputy United States marshal. Proof of personal service with- 17 out the state shall be filed with the clerk of the court in which the 18 action is pending within thirty days after such service. Personal 19 service without the state is complete when proof thereof is filed. The 20 court in which the action is pending may order such extensions as may be 21 necessary to afford the defendant reasonable opportunity to defend the 22 action. 23 § 27. Subdivision 2 of section 352-b of the general business law, as 24 amended by chapter 252 of the laws of 1983, is amended to read as 25 follows: 26 2. Service of such process upon the secretary of state shall be made 27 by personally delivering to and leaving with him or a deputy secretary 28 of state a copy thereof at the office of the department of state in 29 either the city of Albany or New York, and such service shall be suffi- 30 cient service provided that notice of such service and a copy of such 31 process are forthwith sent by the attorney general to such person, part- 32 nership, corporation, company, trust or association, by registered or 33 certified mail with return receipt requested, at his or its office as 34 set forth in the "broker-dealer's statement", "salesman's statement" or 35 "investment advisor's statement" filed in the department of law pursuant 36 to section three hundred fifty-nine-e or section three hundred fifty- 37 nine-eee of this article, or in default of the filing of such statement, 38 at the last address known to the attorney general. Service of such proc- 39 ess shall be complete on receipt by the attorney general of a return 40 receipt purporting to be signed by the addressee or a person qualified 41 to receive his or its registered or certified mail, in accordance with 42 the rules and customs of the post office department, or, if acceptance 43 was refused by the addressee or his or its agent, on return to the 44 attorney general of the original envelope bearing a notation by the 45 postal authorities that receipt thereof was refused. 46 § 28. Subdivision 2 of section 48 of the navigation law, as amended by 47 chapter 166 of the laws of 1991, is amended to read as follows: 48 2. A summons in an action described in this section may issue in any 49 court in the state having jurisdiction of the subject matter and be 50 served as hereinafter provided. Service of such summons shall be made by 51 mailing a copy thereof to the office of the secretary of state [at his52office] in either the city of Albany or New York, or by personally 53 delivering a copy thereof to one of his regularly established offices, 54 with a fee of ten dollars, and such service shall be sufficient service 55 upon such non-resident provided that notice of such service and a copy 56 of the summons and complaint are forthwith sent by or on behalf of theA. 3300 14 1 plaintiff to the defendant by registered mail with return receipt 2 requested. The plaintiff shall file with the clerk of the court in which 3 the action is pending, or with the judge or justice of such court in 4 case there be no clerk, an affidavit of compliance herewith, a copy of 5 the summons and complaint, and either a return receipt purporting to be 6 signed by the defendant or a person qualified to receive his registered 7 mail, in accordance with the rules an customs of the post-office depart- 8 ment; or, if acceptance was refused by the defendant or his agent, the 9 original envelope bearing a notation by the postal authorities that 10 receipt was refused, and an affidavit by or on behalf of the plaintiff 11 that notice of such mailing and refusal was forthwith sent to the 12 defendant by ordinary mail. Where the summons is mailed to a foreign 13 country, other official proof of the delivery of the mail may be filed 14 in case the post-office department is unable to obtain such a return 15 receipt. The foregoing papers shall be filed within thirty days after 16 the return receipt or other official proof of delivery or the original 17 envelope bearing a notation of refusal, as the case may be, is received 18 by the plaintiff. Service of process shall be complete ten days after 19 such papers are filed. The return receipt or other official proof of 20 delivery shall constitute presumptive evidence that the summons mailed 21 was received by the defendant or a person qualified to receive his 22 registered mail; and the notation or refusal shall constitute presump- 23 tive evidence that the refusal was by the defendant or his agent. 24 Service of such summons also may be made by mailing a copy thereof to 25 the office of the secretary of state [at this office] in either the city 26 of Albany or New York, or by personally delivering a copy thereof to one 27 of his regularly established offices, with a fee of ten dollars, and by 28 delivering a duplicate copy thereof, with the complaint annexed thereto, 29 to the defendant personally without the state by a resident or citizen 30 of the state of New York or a sheriff, under-sheriff, deputy-sheriff or 31 constable of the county or other political subdivision in which the 32 personal service is made, or an officer authorized by the laws of this 33 state, to take acknowledgements of deeds to be recorded in this state, 34 or an attorney and/or counselor at law, solicitor, advocate or barrister 35 duly qualified to practice in the state or country where such service is 36 made, or by a United States marshal or deputy United States marshal. 37 Proof of personal service without the state shall be filed with the 38 clerk of the court in which the action is pending within thirty days 39 after such service. Personal service without the state is complete ten 40 days after proof thereof is filed. The court in which the action is 41 pending may order such extensions as may be necessary to afford the 42 defendant reasonable opportunity to defend the action. 43 Nothing herein shall be construed as affecting other methods of 44 service of process against non-residents as provided by law. 45 § 29. Subdivision 2 of section 74 of the navigation law, as amended by 46 chapter 395 of the laws of 1963, is amended to read as follows: 47 2. A summons and complaint in an action described in this section may 48 issue in any court in the state having jurisdiction of the subject 49 matter and be served as hereinafter provided. Service of such summons 50 and complaint shall be made by mailing a copy thereof to the office of 51 the secretary of state [at his office] in either the city of Albany or 52 New York, or by personally delivering a copy thereof to one of his regu- 53 larly established offices, with a fee of five dollars, and such service 54 shall be sufficient service upon such non-resident provided that notice 55 of such service and a copy of the summons and complaint are forthwith 56 sent by or on behalf of the plaintiff to the defendant by registeredA. 3300 15 1 mail with return receipt requested. The plaintiff shall file with the 2 clerk of the court in which the action is pending, or with the judge or 3 justice of such court in case there be no clerk, an affidavit of compli- 4 ance herewith, a copy of the summons and complaint, and either a return 5 receipt purporting to be signed by the defendant or a person qualified 6 to receive his registered mail, in accordance with the rules and customs 7 of the post office department; or, if acceptance was refused by the 8 defendant or his agent, the original envelope bearing a notation by the 9 postal authorities that receipt was refused, and an affidavit by or on 10 behalf of the plaintiff that notice of such mailing and refusal was 11 forthwith sent to the defendant by ordinary mail. Where the summons is 12 mailed to a foreign country, other official proof of the delivery of the 13 mail may be filed in case the post-office department is unable to obtain 14 such a return receipt. The foregoing papers shall be filed within thirty 15 days after the return receipt or other official proof of delivery or the 16 original envelope bearing a notation of refusal, as the case may be, is 17 received by the plaintiff. Service of process shall be complete when 18 such papers are filed. The return receipt or other official proof of 19 delivery shall constitute presumptive evidence that the summons mailed 20 was received by the defendant or a person qualified to receive his 21 registered mail; and the notation of refusal shall constitute presump- 22 tive evidence that the refusal was by the defendant or his agent. 23 Service of such summons also may be made by mailing a copy thereof to 24 the office of the secretary of state [at his office] in either the city 25 of Albany or New York, or by personally delivering a copy thereof to one 26 of his regularly established offices, with a fee of five dollars, and by 27 delivering a duplicate copy thereof, with the complaint annexed thereto, 28 to the defendant personally without the state by a resident or citizen 29 of the state of New York or a sheriff, under-sheriff, deputy-sheriff or 30 constable of the county or other political subdivision in which the 31 personal service is made, or an officer authorized by the laws of this 32 state, to take acknowledgments of deeds to be recorded in this state, or 33 an attorney and/or counselor at law, solicitor, advocate or barrister 34 duly qualified to practice in the state or country where such service is 35 made, or by a United States marshal or deputy United States marshal. 36 Proof of personal service without the state shall be filed with the 37 clerk of the court in which the action is pending within thirty days 38 after such service. Personal service without the state is complete when 39 proof thereof is filed. The court in which the action is pending may 40 order such extension as may be necessary to afford the defendant reason- 41 able opportunity to defend the action. 42 § 30. Subdivision 2 of section 253 of the vehicle and traffic law, as 43 amended by chapter 166 of the laws of 1991, is amended to read as 44 follows: 45 2. A summons in an action described in this section may issue in any 46 court in the state having jurisdiction of the subject matter and be 47 served as hereinafter provided. Service of such summons shall be made by 48 mailing a copy thereof to the office of the secretary of state [at his49office] either in the city of Albany or New York, or by personally 50 delivering a copy thereof to one of his regularly established offices, 51 with a fee of ten dollars, and such service shall be sufficient service 52 upon such non-resident provided that notice of such service and a copy 53 of the summons and complaint are forthwith sent by or on behalf of the 54 plaintiff to the defendant by certified mail or registered mail with 55 return receipt requested. The plaintiff shall file with the clerk of the 56 court in which the action is pending, or with the judge or justice ofA. 3300 16 1 such court in case there be no clerk, an affidavit of compliance here- 2 with, a copy of the summons and complaint, and either a return receipt 3 purporting to be signed by the defendant or a person qualified to 4 receive his certified mail or registered mail, in accordance with the 5 rules and customs of the post-office department; or, if acceptance was 6 refused by the defendant or his agent, the original envelope bearing a 7 notation by the postal authorities that receipt was refused, and an 8 affidavit by or on behalf of the plaintiff that notice of such mailing 9 and refusal was forthwith sent to the defendant by ordinary mail; or, if 10 the registered or certified letter was returned to the post office 11 unclaimed, the original envelope bearing a notation by the postal 12 authorities of such mailing and return, an affidavit by or on behalf of 13 the plaintiff that the summons was posted again by ordinary mail and 14 proof of mailing certificate of ordinary mail. Where the summons is 15 mailed to a foreign country, other official proof of the delivery of the 16 mail may be filed in case the post-office department is unable to obtain 17 such a return receipt. The foregoing papers shall be filed within thirty 18 days after the return receipt or other official proof of delivery or the 19 original envelope bearing a notation of refusal, as the case may be, is 20 received by the plaintiff. Service of process shall be complete when 21 such papers are filed. The return receipt or other official proof of 22 delivery shall constitute presumptive evidence that the summons mailed 23 was received by the defendant or a person qualified to receive his 24 certified mail or registered mail; and the notation of refusal shall 25 constitute presumptive evidence that the refusal was by the defendant or 26 his agent. Service of such summons also may be made by mailing a copy 27 thereof to the office of the secretary of state [at his office] in 28 either the city of Albany or New York, or by personally delivering a 29 copy thereof to one of his regularly established offices, with a fee of 30 ten dollars, and by delivering a duplicate copy thereof with the 31 complaint annexed thereto, to the defendant personally without the state 32 by a resident or citizen of the state of New York or a sheriff, under- 33 sheriff, deputy-sheriff or constable of the county or other political 34 subdivision in which the personal service is made, or an officer author- 35 ized by the laws of this state, to take acknowledgements of deeds to be 36 recorded in this state, or an attorney and/or counselor at law, solici- 37 tor, advocate or barrister duly qualified to practice in the state or 38 country where such service is made, or by a United States [marshall] 39 marshal or deputy United States [marshall] marshal. Proof of personal 40 service without the state shall be filed with the clerk of the court in 41 which the action is pending within thirty days after such service. 42 Personal service without the state is complete when proof thereof is 43 filed. The court in which the action is pending may order such exten- 44 sions as may be necessary to afford the defendant reasonable opportunity 45 to defend the action. 46 § 31. This act shall take effect on the one hundred eightieth day 47 after it shall have become a law.