N.Y. BNK Law § 207 — New York Code / Act BNK / Article 5 / Section 207
Service of process on unlicensed corporation formed under laws other than the statutes of this state
Status: in_force

§ 207. Service of process on unlicensed corporation formed under laws\n          other than the statutes of this state.\n  1. Every corporation formed under laws other than the statutes of this\nstate which is required by this chapter to obtain a license from the\nsuperintendent, and which itself or through an agent does any business\nin this state for which such license is required either without\nobtaining such license or after the revocation thereof, submits itself\nto the jurisdiction of the courts of this state and is deemed to have\ndesignated the superintendent as its agent upon whom process against it\nmay be served, in any action or special proceeding arising out of or in\nconnection with the doing of such business. Such process may issue in\nany court in this state having jurisdiction of the subject matter.\n  2. Service of such process upon the superintendent shall be made by\npersonally delivering to and leaving with him or his deputy, or with any\nperson authorized by the superintendent to receive such service, at the\noffice of the superintendent, a copy of such process together with the\nstatutory fee, which fee shall be a taxable disbursement. Such service\nshall be sufficient if notice thereof and a copy of the process are:\n  (a) Delivered personally without this state to such foreign banking\ncorporation by a person and in the manner authorized to serve process by\nlaw in the jurisdiction in which service is made, or\n  (b) Sent by or on behalf of the plaintiff to such foreign banking\ncorporation 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 financial services, or with any official or\nbody performing the equivalent function, in the jurisdiction of its\nincorporation, or if no such address is there specified, to its\nregistered or other office there specified, or if no such office is\nthere specified, to the last address of such foreign banking corporation\nknown to the plaintiff.\n  3. 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. If a copy of the process is mailed in accordance\nwith this section, there shall be filed with the affidavit of compliance\neither the return receipt signed by such foreign banking corporation or\nother official proof of delivery or, if acceptance was refused by it,\nthe original 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 mail and\nrefusal to accept shall be promptly sent to such foreign banking\ncorporation at the same address by ordinary mail and the affidavit of\ncompliance shall so state. Service of process shall be complete ten days\nafter such papers are filed with the clerk of the court. The refusal to\naccept delivery of the registered mail or to sign the return receipt\nshall not affect the validity of the service and such foreign banking\ncorporation refusing to accept such registered mail shall be charged\nwith knowledge of the contents thereof.\n  4. Service made as provided in this section shall have the same force\nas personal service made within this state.\n  5. Nothing in this section shall affect the right to serve process in\nany other manner permitted by law.\n  6. The department of financial services shall keep a record of each\nprocess served upon the superintendent under this section, including the\ndate of service. It shall, upon request made within ten years of such\nservice, issue a certificate under its seal certifying as to the receipt\nof the service by an authorized person, the date and place of such\nservice and the receipt of the statutory fee. Process served upon the\nsuperintendent under this section shall be destroyed by him after a\nperiod of ten years from such service.\n