§ 173-C — Non-resident professional fund raisers, fund raising counsel, professional solicitors and commercial co-venturers; designation of secreta...

§ 173-c. Non-resident professional fund raisers, fund raising counsel,\nprofessional solicitors and commercial co-venturers; designation of\nsecretary of state as agent for service of process; service of process.\n1. Any professional fund raiser, fund raising counsel, professional\nsolicitor or commercial co-venturer resident or whose principal place of\nbusiness is without the state or organized under and by virtue of the\nlaws of another or foreign state, who or which has been engaged by or on\nbehalf of any charitable organization to conduct any fund raising\nactivities in this state and/or solicit contributions from people in\nthis state shall be deemed to have irrevocably appointed the secretary\nof state as the agent upon whom may be served any summons, subpoena,\nsubpoena duces tecum, other process or notice directed to such\nprofessional fund raiser, fund raising counsel, professional solicitor,\ncommercial co-venturer or any partner, principal, officer, or director\nthereof, in any action or proceeding brought by the attorney general or\nany other party under the provisions of this section. Any such\nprofessional fund raiser, fund raising counsel, professional solicitor\nor commercial co-venturer may file with the secretary of state a\ndesignation, in terms complying herewith, duly acknowledged, irrevocably\nappointing the secretary of state as the agent upon whom may be served\nany such process; provided, however, that a designation filed with the\nsecretary of state pursuant to section three hundred fifty-two-a of the\ngeneral business law, section thirteen hundred four of the\nnot-for-profit corporation law, or section thirteen hundred four of the\nbusiness corporation law shall serve also as such designation.\n 2. Service of such process or notice upon the secretary of state shall\nbe made by personally delivering to and leaving with the secretary of\nstate or any person authorized by the secretary of state to accept such\nservice a copy thereof at the office of the department of state in the\ncity of Albany, and such service shall be sufficient service provided\nthat notice of such service and a copy of such process are forthwith\nsent by the attorney general or other party as the case may be to such\nprofessional fund raiser, fund raising counsel, professional solicitor\nor commercial co-venturer by certified mail with return receipt\nrequested, at the office address as set forth in the registration form\nrequired to be filed with the attorney general pursuant to sections one\nhundred seventy-three and one hundred seventy-three-b of this article,\nor in default of the filing of such form, at the last address known to\nthe attorney general or other party. Service of such process shall be\ncomplete ten days after the receipt by the attorney general or other\nparty of a return receipt purporting to be signed by the addressee or a\nperson qualified to receive the addressee's certified mail, in\naccordance with the rules and customs of the post office department, or,\nif acceptance was refused by the addressee or the agent, ten days after\nthe return to the attorney general or other party of the original\nenvelope bearing a notation by the postal authorities that receipt\nthereof was refused.\n