N.Y. LLC Law § 301 — New York Code / Act LLC / Article 3 / Section 301
Statutory designation of secretary of state as agent for service of process
Status: in_force

§ 301. Statutory designation of secretary of state as agent for\nservice of process. (a) The secretary of state shall be the agent of\nevery domestic limited liability company that has filed with the\ndepartment of state articles of organization making such designation and\nevery foreign limited liability company upon which process may be served\npursuant to this chapter.\n  (b) No domestic or foreign limited liability company may be formed or\nauthorized to do business in this state under this chapter unless its\narticles of organization or application for authority designates the\nsecretary of state as such agent.\n  (c) Any designated post office address to which the secretary of state\nshall mail a copy of process served upon him or her as agent of a\ndomestic limited liability company or a foreign limited liability\ncompany shall continue until the filing of a certificate or other\ninstrument under this chapter directing the mailing to a different post\noffice address and any designated email address to which the secretary\nof state shall email a notice of the fact that process has been\nelectronically served upon him or her as agent of a domestic limited\nliability company or foreign limited liability company, shall continue\nuntil the filing of a certificate or other instrument under this chapter\nchanging or deleting such email address.\n  (e) (1) Except as otherwise provided in this subdivision, every\nlimited liability company to which this chapter applies, shall\nbiennially in the calendar month during which its articles of\norganization or application for authority were filed, or effective date\nthereof if stated, file on forms prescribed by the secretary of state, a\nstatement setting forth the post office address within or without this\nstate to which the secretary of state shall mail a copy of any process\naccepted against it served upon him or her. Such address shall supersede\nany previous address on file with the department of state for this\npurpose.\n  (2) The commissioner of taxation and finance and the secretary of\nstate may agree to allow limited liability companies to include the\nstatement specified in paragraph one of this subdivision on tax reports\nfiled with the department of taxation and finance in lieu of biennial\nstatements and in a manner prescribed by the commissioner of taxation\nand finance.  If this agreement is made, starting with taxable years\nbeginning on or after January first, two thousand sixteen, each limited\nliability company required to file the statement specified in paragraph\none of this subdivision that is subject to the filing fee imposed by\nparagraph three of subsection (c) of section six hundred fifty-eight of\nthe tax law shall provide such statement annually on its filing fee\npayment form filed with the department of taxation and finance in lieu\nof filing a statement under this section with the department of state.\nHowever, each limited liability company required to file a statement\nunder this section must continue to file the biennial statement required\nby this section with the department of state until the limited liability\ncompany in fact has filed a filing fee payment form with the department\nof taxation and finance that includes all required information. After\nthat time, the limited liability company shall continue to provide\nannually the statement specified in paragraph one of this subdivision on\nits filing fee payment form in lieu of the biennial statement required\nby this subdivision.\n  (3) If the agreement described in paragraph two of this subdivision is\nmade, the department of taxation and finance shall deliver to the\ndepartment of state the statement specified in paragraph one of this\nsubdivision contained on filing fee payment forms. The department of\ntaxation and finance must, to the extent feasible, also include the\ncurrent name of the limited liability company, department of state\nidentification number for such limited liability company, the name,\nsignature and capacity of the signer of the statement, name and street\naddress of the filer of the statement, and the email address, if any, of\nthe filer of the statement.\n