§ 307 — Service of process on unauthorized foreign corporation

New York § 307

• Jurisdiction: New York
• Law BSC: Business Corporation
• Art. 3: Corporate Name and Service of Process

Text

§ 307. Service of process on unauthorized foreign corporation.\n (a) In any case in which a non-domiciliary would be subject to the\npersonal or other jurisdiction of the courts of this state under article\nthree of the civil practice law and rules, a foreign corporation not\nauthorized to do business in this state is subject to a like\njurisdiction. In any such case, process against such foreign corporation\nmay be served upon the secretary of state as its agent. Such process may\nissue in any court in this state having jurisdiction of the subject\nmatter.\n (b) Service of such process upon the secretary of state shall be made\nin the manner provided by subparagraph one or two of this paragraph.\nEither option of service authorized pursuant to this paragraph shall be\navailable at no extra cost to the consumer. (1) Personally delivering to\nand leaving with him or his deputy, or with any person authorized by the\nsecretary of state to receive such service, at the office of the\ndepartment of state in the city of Albany, a copy of such process\ntogether with the statutory fee, which fee shall be a taxable\ndisbursement. (2) Electronically submitting a copy of the process to the\ndepartment of state together with the statutory fee, which fee shall be\na taxable disbursement, through an electronic system operated by the\ndepartment of state. Such service shall be sufficient if notice thereof\nand a copy of the process are:\n (1) Delivered personally without this state to such foreign\ncorporation by a person and in the manner authorized to serve process by\nlaw of the jurisdiction in which service is made, or\n (2) Sent by or on behalf of the plaintiff to such foreign corporation\nby registered mail with return receipt requested, at the post office\naddress specified for the purpose of mailing process, on file in the\ndepartment of state, or with any official or body performing the\nequivalent function, in the jurisdiction of its incorporation, or if no\nsuch address is there specified, to its registered or other office there\nspecified, or if no such office is there specified, to the last address\nof such foreign corporation known to the plaintiff.\n (c) 1. Where service of a copy of process was effected by personal\nservice, proof of service shall be by affidavit of compliance with this\nsection filed, together with the process, within thirty days after such\nservice, with the clerk of the court in which the action or special\nproceeding is pending. Service of process shall be complete ten days\nafter such papers are filed with the clerk of the court.\n 2. Where service of a copy of process was effected by mailing in\naccordance with this section, proof of service shall be by affidavit of\ncompliance with this section filed, together with the process, within\nthirty days after receipt of the return receipt signed by the foreign\ncorporation, or other official proof of delivery or of the original\nenvelope mailed. If a copy of the process is mailed in accordance with\nthis section, there shall be filed with the affidavit of compliance\neither the return receipt signed by such foreign corporation or other\nofficial proof of delivery or, if acceptance was refused by it, the\noriginal envelope with a notation by the postal authorities that\nacceptance was refused. If acceptance was refused, a copy of the notice\nand process together with notice of the mailing by registered mail and\nrefusal to accept shall be promptly sent to such foreign corporation at\nthe same address by ordinary mail and the affidavit of compliance shall\nso state. Service of process shall be complete ten days after such\npapers are filed with the clerk of the court. The refusal to accept\ndelivery of the registered mail or to sign the return receipt shall not\naffect the validity of the service and such foreign corporation refusing\nto accept such registered mail shall be charged with knowledge of the\ncontents thereof.\n (d) Service made as provided in this section shall have the same force\nas personal service made within this state.\n (e) Nothing in this section shall affect the right to serve process in\nany other manner permitted by law.\n