§ 686 — Designation of secretary of state as agent for service of process; service of process

New York § 686

• Jurisdiction: New York
• Law GBS: General Business
• Art. 33: Franchises

Text

§ 686. Designation of secretary of state as agent for service of\nprocess; service of process. Any person who shall offer to sell or sell\na franchise in this state as a franchisor, subfranchisor or franchise\nsales agent shall be deemed to have irrevocably appointed the secretary\nof state as his or its agent upon whom may be served any summons,\ncomplaint, subpoena, subpoena duces tecum, notice, order or other\nprocess directed to such person, or any partner, principal, officer,\nsalesman or director thereof, or his or its successor, administrator or\nexecutor, in any action, investigation, or proceeding which arises under\nthis article or a rule hereunder, with the same force and validity as if\nserved personally on such person. Service of such process upon the\nsecretary of state shall be made by personally delivering to and leaving\nwith him or a deputy secretary of state a copy thereof at the office of\nthe department of state, and such service shall be sufficient provided\nthat notice of such service and a copy of such process are sent\nforthwith by the department to such person, by registered or certified\nmail with return receipt requested, at his address as set forth in the\napplication for registration of his offering prospectus or in the\nregistered offering prospectus itself filed with the department of law\npursuant to this article, or in default of the filing of such\napplication or prospectus, at the last address known to the department.\nService of such process shall be complete upon receipt by the department\nof a return receipt purporting to be signed by the addressee or a person\nqualified to receive his or its registered or certified mail, in\naccordance with the rules and customs of the post office department, or,\nif acceptance was refused or unclaimed by the addressee or his or its\nagent, or if the addressee moved without leaving a forwarding address,\nupon return to the department of the original envelope bearing a\nnotation by the postal authorities that receipt thereof was refused or\nthat such mail was otherwise undeliverable.\n