NY LLC L § 304 (2021)
2021 New York Laws LLC - Limited Liability Company Law Article 3 - Service of Process 304 - Service of Process on Unauthorized Foreign Limited Liability Companies.

§  304.  Service  of process on unauthorized foreign limited liability companies. (a) In any case in which a non-domiciliary 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,  a  foreign  limited liability company not authorized to do business in this state is subject to  a like jurisdiction.  In any such case, process against such foreign limited liability company may be served upon the secretary of  state  as its  agent.    Such  process may issue in any court in this state having jurisdiction of the subject matter.   * (b) Service of such process upon the secretary  of  state  shall  be made by personally delivering to and leaving with the secretary of state or  his or her 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.   * NB Effective until January 1, 2023   * (b) Service of such process upon the secretary  of  state  shall  be made in the manner provided by paragraph one or two of this subdivision. Either  option  of service authorized pursuant to this subdivision shall be available at no extra cost to the consumer.  (1) Personally delivering to and leaving with the secretary  of  state or  his or her 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.  (2) Electronically submitting a copy of the process to the  department of  state  together with the statutory fee, which fee shall be a taxable disbursement, through an electronic system operated by the department of state.   * NB Effective January 1, 2023  (c) Such service shall be sufficient if notice thereof and a  copy  of the process are:  (1)  delivered  personally  outside this state to such foreign limited liability company by a person and in  the  manner  authorized  to  serve process by law of the jurisdiction in which service is made; or  (2)  sent  by  or  on  behalf of the plaintiff to such foreign limited liability company by registered mail, return receipt requested,  at  the post  office  address  specified  for the purpose of mailing process, on file in the department of state, or with any official or body performing the equivalent function, in the jurisdiction of its formation, or if  no such  address is specified, to its registered or other office specified, or if no such office is specified, to the last address of  such  foreign limited liability company known to the plaintiff.  (d)  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.  (e) 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 foreign limited liability company 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  foreign  limited liability  company 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 limited liability company 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 limited liability company refusing  to  accept  such  registered mail shall be charged with knowledge of the contents thereof.  (f) Service made as provided in this section shall have the same force as personal service made within this state.  (g)  Nothing  in this section shall limit or affect the right to serve any process required or permitted by law to be  served  upon  a  foreign limited liability company in any other manner now or hereafter permitted by law or applicable rules of procedure.