N.Y. Partnership Law § 121-109: Service of process on limited partnerships

§ 121-109. Service of process on limited partnerships. (a) * Service

of process on the secretary of state as agent of a domestic or

authorized foreign limited partnership 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

or authorized foreign limited partnership 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) By personally delivering to and leaving with him or her 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.

The service on the limited partnership is 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, addressed to the limited

partnership 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 partnership

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 as agent of such

domestic or authorized foreign limited partnership. Service of process

on such limited partnership or authorized foreign limited partnership

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 has been served to such limited

partnership 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 partnership or authorized foreign limited partnership.

* (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 partnership 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

partnership, 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 partnership 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 partnership.

* NB Effective February 24, 2027

(b) 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 partnership

not authorized to do business in this state is subject to a like

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

partnership 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. Service of 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 paragraph shall be

available at no extra cost to the consumer. (1) 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. (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. Such service shall be sufficient if notice thereof

and a copy of the process are:

(1) Delivered personally without this state to such foreign limited

partnership 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

partnership 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 creation, or if no

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

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

such foreign limited partnership known to the plaintiff.

(3) 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.

(4) 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 partnership, 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

partnership 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 partnership 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 partnership refusing to accept such registered mail

shall be charged with knowledge of the contents thereof.

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

as personal service made within this state.

(c) The secretary of state shall keep a record of all process served

upon him under this section and shall record therein the date of such

service and his action with reference thereto.

(d) Nothing contained in this section shall limit or affect the right

to serve any process required or permitted by law to be served upon the

limited partnership in any other manner now or hereafter permitted by

law or applicable rules of procedure.