§ 306 — Service of process

§ 306. Service of process.\n (a) Service of process on a registered agent may be made in the manner\nprovided by law for the service of a summons, as if the registered agent\nwas a defendant.\n (b) (1) Service of process on the secretary of state as agent of a\ndomestic or authorized foreign corporation shall be made in the manner\nprovided by clause (i) or (ii) of this subparagraph. Either option of\nservice authorized pursuant to this subparagraph shall be available at\nno extra cost to the consumer. (i) Personally delivering to and leaving\nwith the secretary of state or a deputy, or with any person authorized\nby the secretary of state to receive such service, at the office of the\ndepartment of state in the city of Albany, duplicate copies of such\nprocess together with the statutory fee, which fee shall be a taxable\ndisbursement. Service of process on such corporation shall be complete\nwhen the secretary of state is so served. The secretary of state shall\npromptly send one of such copies by certified mail, return receipt\nrequested, to such corporation, at the post office address, on file in\nthe department of state, specified for the purpose. If a domestic or\nauthorized foreign corporation has no such address on file in the\ndepartment of state, the secretary of state shall so mail such copy, in\nthe case of a domestic corporation, in care of any director named in its\ncertificate of incorporation at the director's address stated therein\nor, in the case of an authorized foreign corporation, to such\ncorporation at the address of its office within this state on file in\nthe department. (ii) Electronically submitting a copy of the process to\nthe department of state together with the statutory fee, which fee shall\nbe a taxable disbursement, through an electronic system operated by the\ndepartment of state, provided the domestic or authorized foreign\ncorporation has an email address on file in the department of state to\nwhich the secretary of state shall email a notice of the fact that\nprocess has been served electronically on the secretary of state.\nService of process on such corporation shall be complete when the\nsecretary of state has reviewed and accepted service of such process.\nThe secretary of state shall promptly send a notice of the fact that\nprocess has been served to such corporation at the email address on file\nin the department of state, specified for the purpose and shall make a\ncopy of the process available to such corporation.\n (2) An additional service of the summons may be made pursuant to\nparagraph four of subdivision (f) of section thirty-two hundred fifteen\nof the civil practice law and rules.\n (c) If an action or special proceeding is instituted in a court of\nlimited jurisdiction, service of process may be made in the manner\nprovided in this section if the office of the domestic or foreign\ncorporation is within the territorial jurisdiction of the court.\n (d) Nothing in this section shall affect the right to serve process in\nany other manner permitted by law.\n