N.Y. Executive Law § 173-c: Non-resident professional fund raisers, fund raising counsel, professional solicitors and commercial co-venturers; designation of secreta...

§ 173-c. Non-resident professional fund raisers, fund raising counsel,

professional solicitors and commercial co-venturers; designation of

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

1. Any professional fund raiser, fund raising counsel, professional

solicitor or commercial co-venturer resident or whose principal place of

business is without the state or organized under and by virtue of the

laws of another or foreign state, who or which has been engaged by or on

behalf of any charitable organization to conduct any fund raising

activities in this state and/or solicit contributions from people in

this state shall be deemed to have irrevocably appointed the secretary

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

subpoena duces tecum, other process or notice directed to such

professional fund raiser, fund raising counsel, professional solicitor,

commercial co-venturer or any partner, principal, officer, or director

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

any other party under the provisions of this section. Any such

professional fund raiser, fund raising counsel, professional solicitor

or commercial co-venturer may file with the secretary of state a

designation, in terms complying herewith, duly acknowledged, irrevocably

appointing the secretary of state as the 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, section thirteen hundred four of the

not-for-profit corporation law, or section thirteen hundred four of the

business corporation law shall serve also as such designation.

2. Service of such process or notice 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 other party as the case may be to such

professional fund raiser, fund raising counsel, professional solicitor

or commercial co-venturer by certified mail with return receipt

requested, at the office address as set forth in the registration form

required to be filed with the attorney general pursuant to sections one

hundred seventy-three and one hundred seventy-three-b of this article,

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

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

complete ten days after the receipt by the attorney general or other

party of a return receipt purporting to be signed by the addressee or a

person qualified to receive the addressee's certified mail, in

accordance with the rules and customs of the post office department, or,

if acceptance was refused by the addressee or the agent, ten days after

the return to the attorney general or other party of the original

envelope bearing a notation by the postal authorities that receipt

thereof was refused.