N.Y. Limited Liability Company Law § 304: Service of process on unauthorized foreign limited liability companies

§ 304. Service of process on unauthorized foreign limited liability

companies. (a) In any case in which a non-domiciliary would be subject

to the personal or other jurisdiction of the courts of this state under

article three of the civil practice law and rules, a foreign limited

liability company not authorized to do business in this state is subject

to a like jurisdiction. In any such case, process against such foreign

limited liability company may be served upon the secretary of state as

its agent. Such process may issue in any court in this state having

jurisdiction of the subject matter.

(b) Service of such process upon the secretary of state 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.

(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, a copy of such process together with the

statutory fee, which fee shall be a taxable disbursement.

(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.

(c) Such service shall be sufficient if notice thereof and a copy of

the process are:

(1) delivered personally outside this state to such foreign limited

liability company by a person and in the manner authorized to serve

process by law of the jurisdiction in which service is made; or

(2) sent by or on behalf of the plaintiff to such foreign limited

liability company by registered mail, return receipt requested, at the

post office address specified for the purpose of mailing process, on

file in the department of state, or with any official or body performing

the equivalent function, in the jurisdiction of its formation, or if no

such address is specified, to its registered or other office specified,

or if no such office is specified, to the last address of such foreign

limited liability company known to the plaintiff.

(d) Where service of a copy of process was effected by personal

service, proof of service shall be by affidavit of compliance with this

section filed, together with the process, within thirty days after such

service, with the clerk of the court in which the action or special

proceeding is pending. Service of process shall be complete ten days

after such papers are filed with the clerk of the court.

(e) Where service of a copy of process was effected by mailing in

accordance with this section, proof of service shall be by affidavit of

compliance with this section filed, together with the process, within

thirty days after receipt of the return receipt signed by the foreign

limited liability company or other official proof of delivery or of the

original envelope mailed. If a copy of the process is mailed in

accordance with this section, there shall be filed with the affidavit of

compliance either the return receipt signed by such foreign limited

liability company or other official proof of delivery or, if acceptance

was refused by it, the original envelope with a notation by the postal

authorities that acceptance was refused. If acceptance was refused, a

copy of the notice and process together with notice of the mailing by

registered mail and refusal to accept shall be promptly sent to such

foreign limited liability company at the same address by ordinary mail

and the affidavit of compliance shall so state. Service of process shall

be complete ten days after such papers are filed with the clerk of the

court. The refusal to accept delivery of the registered mail or to sign

the return receipt shall not affect the validity of the service and such

foreign limited liability company refusing to accept such registered

mail shall be charged with knowledge of the contents thereof.

(f) Service made as provided in this section shall have the same force

as personal service made within this state.

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

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

limited liability company in any other manner now or hereafter permitted

by law or applicable rules of procedure.