N.Y. Business Corporation Law § 304: Statutory designation of secretary of state as agent for service of process

§ 304. Statutory designation of secretary of state as agent for service

of process.

(a) The secretary of state shall be the agent of every domestic

corporation and every authorized foreign corporation upon whom process

against the corporation may be served.

(b) No domestic or foreign corporation may be formed or authorized to

do business in this state under this chapter unless in its certificate

of incorporation or application for authority it designates the

secretary of state as such agent.

(c) Any designation by a domestic or a foreign corporation of the

secretary of state as such agent, which designation is in effect on the

effective date of this chapter, shall continue. Every domestic or

foreign corporation, existing or authorized on the effective date of

this chapter, which has not designated the secretary of state as such

agent, shall be deemed to have done so. Any designation prior to the

effective date of this chapter by a foreign corporation of an agent

other than the secretary of state shall terminate on the effective date

of this chapter.

(d) Any designated post office address to which the secretary of state

shall mail a copy of process served upon him or her as agent of a

domestic corporation or a foreign corporation, shall continue until the

filing of a certificate or other instrument under this chapter directing

the mailing to a different post office address and any designated email

address to which the secretary of state shall email notice of the fact

that process has been electronically served upon him or her as agent of

a domestic corporation or foreign corporation shall continue until the

filing of a certificate or other instrument under this chapter changing

or deleting the email address.