N.Y. Limited Liability Company Law § 303: Service of process on limited liability companies

§ 303. Service of process on limited liability companies. (a)

* Service of process on the secretary of state as agent of a domestic

limited liability company or authorized foreign limited liability

company shall be made in the manner provided by paragraph one or two of

this subdivision. Either option of service authorized pursuant to this

subdivision shall be available at no extra cost to the consumer.

* NB Effective until February 24, 2027

* Service of process on the secretary of state as agent of a domestic

limited liability company or authorized foreign limited liability

company shall be made in the manner provided by paragraph one, two or

three of this subdivision. Each option of service authorized pursuant to

this subdivision shall be available at no extra cost to the consumer.

* NB Effective February 24, 2027

(1) Personally delivering to and leaving with the secretary of state or

his or her deputy, or with any person authorized by the secretary of

state to receive such service, at the office of the department of state

in the city of Albany, duplicate copies of such process together with

the statutory fee, which fee shall be a taxable disbursement. Service of

process on such limited liability company shall be complete when the

secretary of state is so served. The secretary of state shall promptly

send one of such copies by certified mail, return receipt requested, to

such limited liability company at the post office address on file in the

department of state specified for that purpose. (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 domestic or authorized foreign limited liability company

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 limited liability company 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 limited liability company has been served electronically on

him or her to such limited liability company 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 limited liability company.

* (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 limited liability company 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 limited

liability company, 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 limited liability company 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 limited liability company.

* NB Effective February 24, 2027

(b) Nothing in this section shall limit or affect the right to serve

any process required or permitted by law to be served upon a limited

liability company in any other manner now or hereafter permitted by law

or applicable rules of procedure.