N.Y. General Associations Law § 18: Designation of secretary of state as an agent for service of process

§ 18. Designation of secretary of state as an agent for service of

process. 1. The term "association," as used in this article, is defined

in section two, subdivision four, of this chapter.

2. Every association doing business within this state shall file in

the department of state a certificate in its associate name, signed and

acknowledged by its president, or a vice-president, or secretary, or

treasurer, or managing director, or trustee, designating the secretary

of state as an agent upon whom process in any action or proceeding

against the association may be served within this state, and setting

forth an address to which the secretary of state shall mail a copy of

any process against the association which may be served upon him or her

pursuant to law. The association may include an email address to which

the secretary of state shall email a notice of the fact that process

against it has been electronically served upon him or her. Annexed to

the certificate of designation shall be a statement, executed in the

same manner as the certificate is required to be executed under this

section, which shall set forth:

(a) the names and places of residence of its officers and trustees

(b) its principal place of business

(c) the place where its office within this state is located and if

such place be in a city, the location thereof by street and number or

other particular description.

3. Any association, from time to time, may change the address to which

the secretary of state is directed to mail copies of process or specify,

change or delete the email address to which the secretary of state shall

email a notice of the fact that process against the association has been

electronically served upon him or her, by filing a statement to that

effect, executed, signed and acknowledged in like manner as a

certificate of designation as herein provided.

4. Any association doing business within this state without having

filed the certificate of designation prescribed by this section shall

not maintain any action or special proceeding in this state unless and

until such association has filed the certificate of designation

prescribed by this section and it has paid to the state all fees,

penalties and franchise taxes for the years or parts thereof during

which it did business in this state without having filed the certificate

of designation prescribed by this section. This prohibition shall apply

to any successor in interest of such association. The failure of an

association to file the certificate of designation prescribed by this

section shall not impair the validity of any contract or act of the

association or the right of any other party to the contract to maintain

any action or special proceeding thereon, and shall not prevent the

association from defending any action or special proceeding in this

state.