§ 304 — Service of process on unauthorized foreign limited liability companies

§ 304. Service of process on unauthorized foreign limited liability\ncompanies. (a) In any case in which a non-domiciliary would be subject\nto the personal or other jurisdiction of the courts of this state under\narticle three of the civil practice law and rules, a foreign limited\nliability company not authorized to do business in this state is subject\nto a like jurisdiction. In any such case, process against such foreign\nlimited liability company may be served upon the secretary of state as\nits agent. Such process may issue in any court in this state having\njurisdiction of the subject matter.\n (b) Service of such process upon the secretary of state shall be made\nin the manner provided by paragraph one or two of this subdivision.\nEither option of service authorized pursuant to this subdivision shall\nbe available at no extra cost to the consumer.\n (1) Personally delivering to and leaving with the secretary of state\nor his or her deputy, or with any person authorized by the secretary of\nstate to receive such service, at the office of the department of state\nin the city of Albany, a copy of such process together with the\nstatutory fee, which fee shall be a taxable disbursement.\n (2) Electronically submitting a copy of the process to the department\nof state together with the statutory fee, which fee shall be a taxable\ndisbursement, through an electronic system operated by the department of\nstate.\n (c) Such service shall be sufficient if notice thereof and a copy of\nthe process are:\n (1) delivered personally outside this state to such foreign limited\nliability company by a person and in the manner authorized to serve\nprocess by law of the jurisdiction in which service is made; or\n (2) sent by or on behalf of the plaintiff to such foreign limited\nliability company by registered mail, return receipt requested, at the\npost office address specified for the purpose of mailing process, on\nfile in the department of state, or with any official or body performing\nthe equivalent function, in the jurisdiction of its formation, or if no\nsuch address is specified, to its registered or other office specified,\nor if no such office is specified, to the last address of such foreign\nlimited liability company known to the plaintiff.\n (d) 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 (e) 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\nlimited liability company or other official proof of delivery or of the\noriginal envelope mailed. If a copy of the process is mailed in\naccordance with this section, there shall be filed with the affidavit of\ncompliance either the return receipt signed by such foreign limited\nliability company or other official proof of delivery or, if acceptance\nwas refused by it, the original envelope with a notation by the postal\nauthorities that acceptance was refused. If acceptance was refused, a\ncopy of the notice and process together with notice of the mailing by\nregistered mail and refusal to accept shall be promptly sent to such\nforeign limited liability company at the same address by ordinary mail\nand the affidavit of compliance shall so state. Service of process shall\nbe complete ten days after such papers are filed with the clerk of the\ncourt. The refusal to accept delivery of the registered mail or to sign\nthe return receipt shall not affect the validity of the service and such\nforeign limited liability company refusing to accept such registered\nmail shall be charged with knowledge of the contents thereof.\n (f) Service made as provided in this section shall have the same force\nas personal service made within this state.\n (g) Nothing in this section shall limit or affect the right to serve\nany process required or permitted by law to be served upon a foreign\nlimited liability company in any other manner now or hereafter permitted\nby law or applicable rules of procedure.\n