§ 121-109 — Service of process on limited partnerships

New York § 121-109

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

Text

§ 121-109. Service of process on limited partnerships. (a) Service of\nprocess on the secretary of state as agent of a domestic or authorized\nforeign limited partnership shall be made in the manner provided by\nparagraph one or two of this subdivision. Either option of service\nauthorized pursuant to this subdivision shall be available at no extra\ncost to the consumer.\n (1) By personally delivering to and leaving with him or her or his or\nher deputy, or with any person authorized by the secretary of state to\nreceive such service, at the office of the department of state in the\ncity of Albany, duplicate copies of such process together with the\nstatutory fee, which fee shall be a taxable disbursement.\n The service on the limited partnership is complete when the secretary\nof state is so served.\n The secretary of state shall promptly send one of such copies by\ncertified mail, return receipt requested, addressed to the limited\npartnership at the post office address, on file in the department of\nstate, specified for that purpose.\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, provided the domestic or authorized foreign limited partnership\nhas an email address on file in the department of state to which the\nsecretary of state shall email a notice of the fact that process has\nbeen served electronically on the secretary of state as agent of such\ndomestic or authorized foreign limited partnership. Service of process\non such limited partnership or authorized foreign limited partnership\nshall be complete when the secretary of state has reviewed and accepted\nservice of such process. The secretary of state shall promptly send a\nnotice of the fact that process has been served to such limited\npartnership at the email address on file in the department of state,\nspecified for the purpose and shall make a copy of the process available\nto such limited partnership or authorized foreign limited partnership.\n (b) 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 limited partnership\nnot authorized to do business in this state is subject to a like\njurisdiction. In any such case, process against such foreign limited\npartnership may be served upon the secretary of state as its agent. Such\nprocess may issue in any court in this state having jurisdiction of the\nsubject matter. Service of process upon the secretary of state shall be\nmade in the manner provided by paragraph one or two of this subdivision.\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 limited\npartnership 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 limited\npartnership by registered mail with 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 creation, or if no\nsuch address is specified, to its registered or other office there\nspecified, or if no such office is specified, to the last address of\nsuch foreign limited partnership known to the plaintiff.\n (3) 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 (4) 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 partnership, 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\npartnership or other official proof of delivery or, if acceptance was\nrefused 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 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 mail or to sign\nthe return receipt shall not affect the validity of the service and such\nforeign limited partnership refusing to accept such registered mail\nshall be charged with knowledge of the contents thereof.\n (5) Service made as provided in this section shall have the same force\nas personal service made within this state.\n (c) The secretary of state shall keep a record of all process served\nupon him under this section and shall record therein the date of such\nservice and his action with reference thereto.\n (d) Nothing contained in this section shall limit or affect the right\nto serve any process required or permitted by law to be served upon the\nlimited partnership in any other manner now or hereafter permitted by\nlaw or applicable rules of procedure.\n