NY Pship L § 121-104-A (2021)
2021 New York Laws PTR - Partnership Article 8-A - Revised Limited Partnership Act 121-104-A - Resignation for Receipt of Process.

§  121-104-A.  Resignation  for  receipt of process. (a) The party (or his/her  legal  representative)  whose  post  office  address  has  been supplied   by   a   domestic  limited  partnership  or  foreign  limited partnership as  its  address  for  process  may  resign.  A  certificate entitled  "Certificate  of  Resignation  for  Receipt  of  Process under Section 121-104-A of the  Revised  Limited  Partnership  Act"  shall  be signed  by such party and delivered to the department of state. It shall set forth:  (1) the name of the limited partnership and the date that its articles of organization or application for authority was filed by the department of state.  (2) that the address of the party has been designated by  the  limited partnership  as  the post office address to which the secretary of state shall mail a copy of any process served on the  secretary  of  state  as agent  for  such  limited  partnership,  and  that  such party wishes to resign.  (3) that sixty  days  prior  to  the  filing  of  the  certificate  of resignation  with  the  department of state the party has sent a copy of the certificate of resignation for receipt of process by  registered  or certified  mail to the address of the registered agent of the designated limited partnership, if other than the party filing the  certificate  of resignation,  for  receipt  of  process,  or  if  the  resigning limited partnership has no registered agent, then to the  last  address  of  the designated  limited  partnership,  known  to  the  party, specifying the address to which the copy was sent. If there is no registered agent  and no  known address of the designating limited partnership the party shall attach an affidavit to the  certificate  stating  that  a  diligent  but unsuccessful  search  was  made  by  the  party  to  locate  the limited partnership, specifying what efforts were made.  (4) that the designated limited partnership is required to deliver  to the  department  of state a certificate of amendment or change providing for the designation by the limited partnership of a new address and that upon its failure to file such certificate, its authority to do  business in this state shall be suspended.  (b)  Upon the failure of the designating limited partnership to file a certificate of amendment or change providing for the designation by  the limited partnership of the new address after the filing of a certificate of  resignation  for receipt of process with the secretary of state, its authority to do business in this state shall be suspended.  (c) The filing by the  department    of  state  of  a  certificate  of amendment or change providing for a new address by a designating limited partnership  shall annul the suspension and its authority to do business in this state shall be restored and continued as if  no  suspension  had occured.  (d) The resignation for receipt of process shall become effective upon the  filing  by  the department of state of a certificate of resignation for receipt of process.  (e)(1) In any case in which a limited partnership  suspended  pursuant to  this  section would be subject to the personal or other jurisdiction of the courts of this state under article three of  the  civil  practice law  and  rules,  process against such limited partnership may be served upon the secretary of state as its agent pursuant to this section.  Such process  may be issued in any court in this state having jurisdiction of the subject matter.  (2) Service of such process upon the secretary of state shall be  made by  personally delivering to and leaving with him or his deputy, or with any person authorized by the secretary of state to receive such service, at the office of the department of state in the city of Albany,  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:  (i)  delivered personally within or without this state to such limited partnership by a person and in a manner authorized to serve  process  by law of the jurisdiction in which service is made, or  (ii) sent by or on behalf of the plaintiff to such limited partnership by  registered  or  certified  mail with return receipt requested to the last address of such limited partnership known to the plaintiff.  (3)(i) Where service of a copy of process  was  effected  by  personal service,  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. Service of process shall  be  complete  ten  days after such papers are filed with the clerk of the court.  (ii)  Where  service  of  a copy of process was effected by mailing in accordance with this section, proof of service shall be by affidavit  of compliance  with  this  section filed, together with the process, within thirty days after receipt of the return receipt signed  by  the  limited partnership,  or  other  official  proof  of delivery or of the original envelope mailed. 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 limited partnership,  or  other official  proof  of  delivery,  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  or certified  mail  and  refusal  to  accept shall be promptly sent to such limited partnership 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 or certified mail or to sign the return receipt shall not affect the validity of  the service  and such limited partnership refusing to accept such registered or certified mail shall  be  charged  with  knowledge  of  the  contents thereof.  (4)  Service  made as provided in this section without the state shall have the same force as personal service made within this state.  (5) Nothing in this section shall affect the right to service  process in any other manner permitted by law.