N.Y. Not-for-Profit Corporation Law § 307: Service of process on unauthorized foreign corporation

§ 307. Service of process on unauthorized foreign corporation.

(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 corporation not

authorized to conduct activities in this state is subject to a like

jurisdiction. In any such case, process against such foreign corporation

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) (1) Service of such process upon the secretary of state shall be

made in the manner provided by items (i) or (ii) of this subparagraph.

Either option of service authorized pursuant to this paragraph shall be

available at no extra cost to the consumer. (i) Personally delivering to

and leaving with him or his 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. (ii) 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.

(2) Service under this paragraph shall be sufficient if notice thereof

and a copy of the process are:

(i) Delivered personally without this state to such foreign

corporation by a person and in the manner authorized to serve process by

law of the jurisdiction in which service is made, or

(ii) Sent by or on behalf of the plaintiff to such foreign corporation

by registered mail with 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 incorporation, or if no

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

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

of such foreign corporation known to the plaintiff.

(c) (1) 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.

(2) 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

corporation, 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 corporation 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 the notice of the mailing by registered mail

and refusal to accept shall be promptly sent to such foreign corporation

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 corporation refusing

to accept such registered mail shall be charged with knowledge of the

contents thereof.

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

as personal service made within this state.

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

any other manner permitted by law.