§ 121-104-A — Resignation for receipt of process

New York § 121-104-A

• Jurisdiction: New York
• Law PTR: Partnership
• Art. 8-A: Revised Limited Partnership Act

Text

§ 121-104-A. Resignation for receipt of process. (a) The party (or\nhis/her legal representative) whose post office address has been\nsupplied by a domestic limited partnership or foreign limited\npartnership as its address for process may resign. A certificate\nentitled "Certificate of Resignation for Receipt of Process under\nSection 121-104-A of the Revised Limited Partnership Act" shall be\nsigned by such party and delivered to the department of state. It shall\nset forth:\n (1) the name of the limited partnership and the date that its articles\nof organization or application for authority was filed by the department\nof state.\n (2) that the address of the party has been designated by the limited\npartnership as the post office address to which the secretary of state\nshall mail a copy of any process served on the secretary of state as\nagent for such limited partnership, and that such party wishes to\nresign.\n (3) that sixty days prior to the filing of the certificate of\nresignation with the department of state the party has sent a copy of\nthe certificate of resignation for receipt of process by registered or\ncertified mail to the address of the registered agent of the designated\nlimited partnership, if other than the party filing the certificate of\nresignation, for receipt of process, or if the resigning limited\npartnership has no registered agent, then to the last address of the\ndesignated limited partnership, known to the party, specifying the\naddress to which the copy was sent. If there is no registered agent and\nno known address of the designating limited partnership the party shall\nattach an affidavit to the certificate stating that a diligent but\nunsuccessful search was made by the party to locate the limited\npartnership, specifying what efforts were made.\n (4) that the designated limited partnership is required to deliver to\nthe department of state a certificate of amendment or change providing\nfor the designation by the limited partnership of a new address and that\nupon its failure to file such certificate, its authority to do business\nin this state shall be suspended.\n (b) Upon the failure of the designating limited partnership to file a\ncertificate of amendment or change providing for the designation by the\nlimited partnership of the new address after the filing of a certificate\nof resignation for receipt of process with the secretary of state, its\nauthority to do business in this state shall be suspended.\n (c) The filing by the department of state of a certificate of\namendment or change providing for a new address by a designating limited\npartnership shall annul the suspension and its authority to do business\nin this state shall be restored and continued as if no suspension had\noccured.\n (d) The resignation for receipt of process shall become effective upon\nthe filing by the department of state of a certificate of resignation\nfor receipt of process.\n (e)(1) In any case in which a limited partnership suspended pursuant\nto this section would be subject to the personal or other jurisdiction\nof the courts of this state under article three of the civil practice\nlaw and rules, process against such limited partnership may be served\nupon the secretary of state as its agent pursuant to this section. Such\nprocess may be issued in any court in this state having jurisdiction of\nthe subject matter.\n (2) Service of such process upon the secretary of state shall be made\nby personally delivering to and leaving with him or his deputy, or with\nany person authorized by the secretary of state to receive such service,\nat the office of the department of state in the city of Albany, a copy\nof such process together with the statutory fee, which fee shall be a\ntaxable disbursement. Such service shall be sufficient if notice thereof\nand a copy of the process are:\n (i) delivered personally within or without this state to such limited\npartnership by a person and in a manner authorized to serve process by\nlaw of the jurisdiction in which service is made, or\n (ii) sent by or on behalf of the plaintiff to such limited partnership\nby registered or certified mail with return receipt requested to the\nlast address of such limited partnership known to the plaintiff.\n (3)(i) 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 (ii) 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 limited\npartnership, 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 limited partnership, or other\nofficial proof of delivery, 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 or\ncertified mail and refusal to accept shall be promptly sent to such\nlimited partnership at the same address by ordinary mail and the\naffidavit of compliance shall so state. Service of process shall be\ncomplete ten days after such papers are filed with the clerk of the\ncourt. The refusal to accept delivery of the registered or certified\nmail or to sign the return receipt shall not affect the validity of the\nservice and such limited partnership refusing to accept such registered\nor certified mail shall be charged with knowledge of the contents\nthereof.\n (4) Service made as provided in this section without the state shall\nhave the same force as personal service made within this state.\n (5) Nothing in this section shall affect the right to service process\nin any other manner permitted by law.\n