N.Y. Not-for-Profit Corporation Law § 306: Service of process

§ 306. Service of process.

(a) Service of process on a registered agent may be made in the manner

provided by law for the service of a summons, as if the registered agent

was a defendant.

(b) * Service of process on the secretary of state as agent of a

domestic corporation formed under article four of this chapter or an

authorized foreign corporation shall be made in the manner provided by

subparagraph one or two of this paragraph.

* NB Effective until February 24, 2027

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

corporation formed under article four of this chapter or an authorized

foreign corporation shall be made in the manner provided by subparagraph

one, two or three of this paragraph.

* 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 corporation 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

corporation, at the post office address, on file in the department of

state, specified for the purpose. If a domestic corporation formed under

article four of this chapter or an authorized foreign corporation has no

such address on file in the department of state, the secretary of state

shall so mail such copy to such corporation at the address of its office

within this state on file in the department. (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 corporation 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

corporation 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 corporation

has been served electronically on him or her to such corporation 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

corporation.

* (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 corporation 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 corporation, at the

post office address, on file in the department of state, specified for

the purpose or, if a domestic corporation formed under article four of

this chapter or an authorized foreign corporation has no such address on

file in the department of state, the secretary of state shall so mail

such copy to such corporation at the address of its office within this

state on file in the department; or (B) email a notice of the fact that

process against the corporation 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 corporation.

* NB Effective February 24, 2027

(c) If an action or special proceeding is instituted in a court of

limited jurisdiction, service of process may be made in the manner

provided in this section if the office of the domestic corporation

formed under article four of this chapter or foreign corporation is

within the territorial jurisdiction of the court.

(d) Nothing in this section shall affect the right to serve process in

any other manner permitted by law.