N.Y. Business Corporation Law § 306: Service of process

§ 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) (1) * Service of process on the secretary of state as agent of a

domestic or authorized foreign corporation shall be made in the manner

provided by clause (i) or (ii) of this subparagraph. Either option of

service authorized pursuant to this subparagraph shall be available at

no extra cost to the consumer.

* NB Effective until February 24, 2027

* Service of process on the secretary of state as agent of a domestic

or authorized foreign corporation shall be made in the manner provided

by clause (i), (ii) or (iii) of this subparagraph. Each option of

service authorized pursuant to this subparagraph shall be available at

no extra cost to the consumer.

* NB Effective February 24, 2027

(i) Personally delivering to and leaving with the secretary of state or

a 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 or authorized foreign

corporation has no such address on file in the department of state, the

secretary of state shall so mail such copy, in the case of a domestic

corporation, in care of any director named in its certificate of

incorporation at the director's address stated therein or, in the case

of an authorized foreign corporation, to such corporation at the address

of its office within this state on file in the department. (ii)

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 has been served 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.

* (iii) 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 or authorized foreign corporation has no

such address on file in the department of state, the secretary of state

shall so mail such copy, in the case of a domestic corporation, in care

of any director named in its certificate of incorporation at the

director's address stated therein or, in the case of an authorized

foreign corporation, 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

(2) An additional service of the summons may be made pursuant to

paragraph four of subdivision (f) of section thirty-two hundred fifteen

of the civil practice law and rules.

(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 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.