N.Y. General Associations Law § 19: Service of process
Where this section sits in the code
- General Associations Law
- Article 4. Certificate of Designation By Associations Doing Business Within This State
* § 19. Service of process. Service of process against an association
upon the secretary of state shall be made in the manner provided by
subdivision one or two of this section. Either option of service
authorized pursuant to this section shall be available at no extra cost
to the consumer. (1) Personally delivering to and leaving with him or
her or with a person authorized by the secretary of state to receive
such service, duplicate copies of such process at the office of the
department of state in the city of Albany. At the time of such service
the plaintiff shall pay a fee of forty dollars to the secretary of state
which shall be a taxable disbursement. The secretary of state shall
promptly send by certified mail one of such copies to the association at
the address fixed for that purpose, as herein provided. (2)
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 association 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 association 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 against such association has been served electronically
upon him or her, to such association 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 association. If the action or proceeding
is instituted in a court of limited jurisdiction, service of process may
be made in the manner provided in this section if the cause of action
arose within the territorial jurisdiction of the court and the office of
the defendant, as set forth in its statement filed pursuant to section
eighteen of this chapter, is within such territorial jurisdiction.
* NB Effective until February 24, 2027
* § 19. Service of process. Service of process against an association
upon the secretary of state shall be made in the manner provided by
subdivision one, two or three of this section. Each option of service
authorized pursuant to this section shall be available at no extra cost
to the consumer.
1. Personally delivering to and leaving with the secretary of state or
with a person authorized by the secretary of state to receive such
service, duplicate copies of such process at the office of the
department of state in the city of Albany. At the time of such service
the plaintiff shall pay a fee of forty dollars to the secretary of state
which shall be a taxable disbursement. The secretary of state shall
promptly send by certified mail one of such copies to the association at
the address fixed for that purpose, as herein provided.
2. 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 association 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 association 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 against such association has been served electronically
upon the secretary of state, to such association 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 association. If the action
or proceeding is instituted in a court of limited jurisdiction, service
of process may be made in the manner provided in this section if the
cause of action arose within the territorial jurisdiction of the court
and the office of the defendant, as set forth in its statement filed
pursuant to section eighteen of this chapter, is within such territorial
jurisdiction.
3. 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 association 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 association, at the
post office address, on file in the department of state, specified for
the purpose; or (b) email a notice of the fact that process against the
association 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
association.
* NB Effective February 24, 2027
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