N.Y. Executive Law § 172-c: Non-resident charitable organizations; designation of secretary of state as agent for service of process; service of process

§ 172-c. Non-resident charitable organizations; designation of

secretary of state as agent for service of process; service of process.

1. Any charitable organization having its principal place of business

without the state or organized under and by virtue of the laws of

another or foreign state and which solicits contributions from people in

this state, shall be deemed to have irrevocably appointed the secretary

of state as its agent upon whom may be served any summons, subpoena,

subpoena duces tecum, other process or notice directed to such

charitable organization, or any partner, principal, officer, trustee or

director thereof, in any action or proceeding brought by the attorney

general or any other party under the provisions of this article. Any

such charitable organization may file with the secretary of state of the

state of New York a designation, duly acknowledged in accordance with

procedures for such filing with the secretary of state, irrevocably

appointing the secretary of state as its agent upon whom may be served

any such process; provided, however, that a designation filed with the

secretary of state pursuant to section three hundred fifty-two-a of the

general business law or section thirteen hundred four of the

not-for-profit corporation law shall serve also as such designation.

2. Service of such process upon the secretary of state shall be made

by personally delivering to and leaving with the secretary of state or

any person authorized by the secretary of state to accept such service a

copy thereof at the office of the department of state in the city of

Albany, and such service shall be sufficient service provided that

notice of such service and a copy of such process are forthwith sent by

the attorney general or any other party to such charitable organization

by certified mail with return receipt requested, at its office as set

forth in the registration form required to be filed with the attorney

general pursuant to section one hundred seventy-two of this article, or

in default of the filing of such form, at the last address known to the

attorney general or any other party. Service of such process shall be

complete upon the receipt by the attorney general or any other party of

a return receipt purporting to be signed by the addressee or a person

qualified to receive its certified mail, in accordance with the rules

and customs of the post office department, or, if acceptance was refused

by the addressee or its agent, ten days after the return to the attorney

general or any other party of a notation by the postal authorities that

receipt thereof was refused.