NY Banking L § 207 (2021)
2021 New York Laws BNK - Banking Article 5 - Foreign Banking Corporations and National Banks 207 - Service of Process on Unlicensed Corporation Formed Under Laws Other Than the Statutes of This State.

§ 207.  Service  of  process on unlicensed corporation formed under laws           other than the statutes of this state.   1. Every corporation formed under laws other than the statutes of this state which is required by this chapter to obtain  a  license  from  the superintendent,  and  which itself or through an agent does any business in this  state  for  which  such  license  is  required  either  without obtaining  such  license or after the revocation thereof, submits itself to the jurisdiction of the courts of this state and is  deemed  to  have designated  the superintendent as its agent upon whom process against it may be served, in any action or special proceeding arising out of or  in connection  with  the  doing of such business. Such process may issue in any court in this state having jurisdiction of the subject matter.   2. Service of such process upon the superintendent shall  be  made  by personally delivering to and leaving with him or his deputy, or with any person  authorized by the superintendent to receive such service, at the office of the superintendent, a copy of such process together  with  the statutory  fee,  which fee shall be a taxable disbursement. Such service shall be sufficient if notice thereof and a copy of the process are:  (a) Delivered personally without this state to  such  foreign  banking corporation by a person and in the manner authorized to serve process by law in the jurisdiction in which service is made, or  (b)  Sent  by  or  on  behalf of the plaintiff to such foreign banking corporation by registered mail with return  receipt  requested,  at  the post  office  address  specified  for the purpose of mailing process, on file in the department of financial services, or with  any  official  or body  performing  the  equivalent  function,  in the jurisdiction of its incorporation, or  if  no  such  address  is  there  specified,  to  its registered  or  other  office  there  specified, or if no such office is there specified, to the last address of such foreign banking corporation known to the plaintiff.   3. Proof of service shall be by  affidavit  of  compliance  with  this section  filed, together with the process, within thirty days after such service, with the clerk of the court in  which  the  action  or  special proceeding  is pending. If a copy of the process is mailed in accordance with this section, there shall be filed with the affidavit of compliance either the return receipt signed by such foreign banking corporation  or other  official  proof  of delivery or, if acceptance was refused by it, the original envelope with a notation by  the  postal  authorities  that acceptance  was refused. If acceptance was refused, a copy of the notice and process together with notice of the mailing by registered  mail  and refusal  to  accept  shall  be  promptly  sent  to  such foreign banking corporation at the same address by ordinary mail and  the  affidavit  of compliance shall so state. Service of process shall be complete ten days after  such papers are filed with the clerk of the court. The refusal to accept delivery of the registered mail or to  sign  the  return  receipt shall  not  affect  the validity of the service and such foreign banking corporation refusing to accept such registered  mail  shall  be  charged with knowledge of the contents thereof.   4.  Service made as provided in this section shall have the same force as personal service made within this state.   5. Nothing in this section shall affect the right to serve process  in any other manner permitted by law.   6.  The  department  of financial services shall keep a record of each process served upon the superintendent under this section, including the date of service. It shall, upon request made within ten  years  of  such service, issue a certificate under its seal certifying as to the receipt of  the  service  by  an  authorized  person, the date and place of such service and the receipt of the statutory fee. Process  served  upon  the  superintendent  under  this  section  shall  be destroyed by him after a period of ten years from such service.