NY LLC L § 301 (2021)
2021 New York Laws LLC - Limited Liability Company Law Article 3 - Service of Process 301 - Statutory Designation of Secretary of State as Agent for Service of Process.

§  301.  Statutory  designation  of  secretary  of  state as agent for service of process. (a) The secretary of state shall  be  the  agent  of every  domestic  limited  liability  company  that  has  filed  with the department of state articles of organization making such designation and every foreign limited liability company upon which process may be served pursuant to this chapter.  (b) No domestic or foreign limited liability company may be formed  or authorized  to  do  business in this state under this chapter unless its articles of organization or application  for  authority  designates  the secretary of state as such agent.   * (c)  Any  designated  post  office address to which the secretary of state shall mail a copy of process served upon him or her as agent of  a domestic  limited  liability  company  or  a  foreign  limited liability company shall continue until the filing  of  a  certificate  under  this chapter directing the mailing to a different post office address.   * NB Effective until January 1, 2023   * (c)  Any  designated  post  office address to which the secretary of state shall mail a copy of process served upon him or her as agent of  a domestic  limited  liability  company  or  a  foreign  limited liability company shall continue until  the  filing  of  a  certificate  or  other instrument  under this chapter directing the mailing to a different post office address and any designated email address to which  the  secretary of  state  shall  email  a  notice  of  the  fact  that process has been electronically served upon him or her as agent  of  a  domestic  limited liability  company  or foreign limited liability company, shall continue until the filing of a certificate or other instrument under this chapter changing or deleting such email address.   * NB Effective January 1, 2023  (e) (1) Except  as  otherwise  provided  in  this  subdivision,  every limited   liability   company  to  which  this  chapter  applies,  shall biennially  in  the  calendar  month  during  which  its   articles   of organization  or application for authority were filed, or effective date thereof if stated, file on forms prescribed by the secretary of state, a statement setting forth the post office address within or  without  this state  to  which the secretary of state shall mail a copy of any process accepted against it served upon him or her. Such address shall supersede any previous address on file with  the  department  of  state  for  this purpose.  (2)  The  commissioner  of  taxation  and finance and the secretary of state may agree to allow limited  liability  companies  to  include  the statement  specified in paragraph one of this subdivision on tax reports filed with the department of taxation and finance in  lieu  of  biennial statements  and  in  a manner prescribed by the commissioner of taxation and finance.  If this agreement is made,  starting  with  taxable  years beginning  on or after January first, two thousand sixteen, each limited liability company required to file the statement specified in  paragraph one  of  this  subdivision  that is subject to the filing fee imposed by paragraph three of subsection (c) of section six hundred fifty-eight  of the  tax  law  shall  provide  such statement annually on its filing fee payment form filed with the department of taxation and finance  in  lieu of  filing  a statement under this section with the department of state. However, each limited liability company required  to  file  a  statement under this section must continue to file the biennial statement required by this section with the department of state until the limited liability company  in fact has filed a filing fee payment form with the department of taxation and finance that includes all  required  information.  After that  time,  the  limited  liability  company  shall continue to provide annually the statement specified in paragraph one of this subdivision on  its filing fee payment form in lieu of the biennial  statement  required by this subdivision.  (3) If the agreement described in paragraph two of this subdivision is made,  the  department  of  taxation  and  finance  shall deliver to the department of state the statement specified in  paragraph  one  of  this subdivision  contained  on  filing  fee payment forms. The department of taxation and finance must, to the  extent  feasible,  also  include  the current  name  of  the  limited  liability  company, department of state identification number for such  limited  liability  company,  the  name, signature  and  capacity of the signer of the statement, name and street address of the filer of the statement, and the email address, if any, of the filer of the statement.