N.Y. General Business Law § 352-b: Non-resident brokers, dealers, salesmen and investment advisors; designation of secretary of state as agent for service of process; servi...

§ 352-b. Non-resident brokers, dealers, salesmen and investment

advisors; designation of secretary of state as agent for service of

process; service of process. 1. Any person, partnership, corporation,

company, trust or association resident or having his or its principal

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

the laws of a foreign state, who or which shall do business in this

state as a broker, dealer, salesman or investment advisor, as defined in

section three hundred fifty-nine-e or three hundred fifty-nine-eee of

this article, or any partner, principal, officer or director of such

broker, dealer or investment advisor shall be deemed to have irrevocably

appointed the secretary of state as his or its agent upon whom may be

served any summons, complaint, subpoena, subpoena duces tecum, notice,

order, judgment or other process directed to such person, partnership,

corporation, company, trust or association, or any partner, principal,

officer or director thereof, in any action, investigation or proceeding

brought or conducted by the attorney general under the provisions of

this article arising out of or in connection with any transaction,

matter or thing relating to the practices, affairs, management or

business of such person, partnership, corporation, company, trust or

association, or any partner, principal, officer or director thereof. Any

such person, partnership, corporation, company, trust or association, or

any partner, principal, officer or director thereof, may file with the

secretary of state a designation, in terms complying herewith, duly

acknowledged, irrevocably appointing the secretary of state as his or

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 this article or section thirteen hundred

four of the business 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 him or a deputy secretary

of state 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 to such person, partnership, corporation,

company, trust or association, by registered or certified mail with

return receipt requested, at his or its office as set forth in the

"broker-dealer's statement", "salesman's statement" or "investment

advisor's statement" filed in the department of law pursuant to section

three hundred fifty-nine-e or section three hundred fifty-nine-eee of

this article, or in default of the filing of such statement, at the last

address known to the attorney general. Service of such process shall be

complete on receipt by the attorney general of a return receipt

purporting to be signed by the addressee or a person qualified to

receive his or its registered or certified mail, in accordance with the

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

refused by the addressee or his or its agent, on return to the attorney

general of the original envelope bearing a notation by the postal

authorities that receipt thereof was refused.

3. The department of state shall keep a record of each process served

upon the secretary of state under this chapter, including the date of

service. It shall, upon request made within ten years of such service,

issue a certificate under its seal certifying as to the receipt of the

process by an authorized person, the date and place of such service and

the receipt of the statutory fee. Process served upon the secretary of

state under this chapter shall be destroyed by him after a period of ten

years from such service.