N.Y. Banking Law § 207: Service of process on unlicensed corporation formed under laws other than the statutes of this state

§ 207. Service of process on unlicensed corporation formed under laws

other than the statutes of this state.

1. Every corporation formed under laws other than the statutes of this

state which is required by this chapter to obtain a license from the

superintendent, and which itself or through an agent does any business

in this state for which such license is required either without

obtaining such license or after the revocation thereof, submits itself

to the jurisdiction of the courts of this state and is deemed to have

designated the superintendent as its agent upon whom process against it

may be served, in any action or special proceeding arising out of or in

connection with the doing of such business. Such process may issue in

any court in this state having jurisdiction of the subject matter.

2. Service of such process upon the superintendent shall be made by

personally delivering to and leaving with him or his deputy, or with any

person authorized by the superintendent to receive such service, at the

office of the superintendent, a copy of such process together with the

statutory fee, which fee shall be a taxable disbursement. Such service

shall be sufficient if notice thereof and a copy of the process are:

(a) Delivered personally without this state to such foreign banking

corporation by a person and in the manner authorized to serve process by

law in the jurisdiction in which service is made, or

(b) Sent by or on behalf of the plaintiff to such foreign banking

corporation by registered mail with return receipt requested, at the

post office address specified for the purpose of mailing process, on

file in the department of financial services, or with any official or

body performing the equivalent function, in the jurisdiction of its

incorporation, or if no such address is there specified, to its

registered or other office there specified, or if no such office is

there specified, to the last address of such foreign banking corporation

known to the plaintiff.

3. Proof of service shall be by affidavit of compliance with this

section filed, together with the process, within thirty days after such

service, with the clerk of the court in which the action or special

proceeding is pending. If a copy of the process is mailed in accordance

with this section, there shall be filed with the affidavit of compliance

either the return receipt signed by such foreign banking corporation or

other official proof of delivery or, if acceptance was refused by it,

the original envelope with a notation by the postal authorities that

acceptance was refused. If acceptance was refused, a copy of the notice

and process together with notice of the mailing by registered mail and

refusal to accept shall be promptly sent to such foreign banking

corporation at the same address by ordinary mail and the affidavit of

compliance shall so state. Service of process shall be complete ten days

after such papers are filed with the clerk of the court. The refusal to

accept delivery of the registered mail or to sign the return receipt

shall not affect the validity of the service and such foreign banking

corporation refusing to accept such registered mail shall be charged

with knowledge of the contents thereof.

4. Service made as provided in this section shall have the same force

as personal service made within this state.

5. Nothing in this section shall affect the right to serve process in

any other manner permitted by law.

6. The department of financial services shall keep a record of each

process served upon the superintendent under this section, including the

date of service. It shall, upon request made within ten years of such

service, issue a certificate under its seal certifying as to the receipt

of the service by an authorized person, the date and place of such

service and the receipt of the statutory fee. Process served upon the

superintendent under this section shall be destroyed by him after a

period of ten years from such service.