NY Pship L § 121-109 (2021)
2021 New York Laws PTR - Partnership Article 8-A - Revised Limited Partnership Act 121-109 - Service of Process on Limited Partnerships.

§  121-109.  Service of process on limited partnerships. * (a) Service of process on  the  secretary  of  state  as  agent  of  a  domestic  or authorized foreign limited partnership shall be made as follows:  (1) 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, duplicate copies of such process together with the statutory fee,  which fee shall be a taxable disbursement.  (2)  The  service  on  the  limited  partnership  is complete when the secretary of state is so served.  (3) The secretary of state shall promptly send one of such  copies  by certified  mail,  return  receipt  requested,  addressed  to the limited partnership at the post office address, on file  in  the  department  of state, specified for that purpose.   * NB Effective until January 1, 2023   * (a)  Service  of  process  on  the  secretary of state as agent of a domestic or authorized foreign limited partnership 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)  By personally delivering to and leaving with him or her 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, duplicate copies  of  such  process  together  with  the statutory fee, which fee shall be a taxable disbursement.   The  service on the limited partnership is complete when the secretary of state is so served.   The secretary of state shall promptly  send  one  of  such  copies  by certified  mail,  return  receipt  requested,  addressed  to the limited partnership at the post office address, on file  in  the  department  of state, specified for that purpose.  (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,  provided  the domestic or authorized foreign limited partnership has an email address on file in the department of  state  to  which  the secretary  of  state  shall  email a notice of the fact that process has been served electronically on the secretary of state as  agent  of  such domestic  or  authorized foreign limited partnership. Service of process on such limited partnership or authorized  foreign  limited  partnership shall  be complete when the secretary of state has reviewed and accepted service of such process. The secretary of state shall  promptly  send  a notice  of  the  fact  that  process  has  been  served  to such limited partnership at the email address on file in  the  department  of  state, specified for the purpose and shall make a copy of the process available to such limited partnership or authorized foreign limited partnership.   * NB Effective January 1, 2023  (b)  * 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 partnership not authorized to do business  in  this  state  is  subject  to  a  like jurisdiction.  In  any  such  case, process against such foreign limited partnership 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. Service of 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:   * NB Effective until January 1, 2023   * 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 partnership not authorized to do business  in  this  state  is  subject  to  a  like jurisdiction.  In  any  such  case, process against such foreign limited partnership 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. Service of 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 paragraph shall  be available at no extra cost to the consumer. (1) 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. (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. Such service shall be sufficient if notice  thereof and a copy of the process are:   * NB Effective January 1, 2023  (1)  Delivered  personally  without this state to such foreign limited partnership 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 partnership  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 state, or with any official or body performing the  equivalent  function, in the jurisdiction of its creation, or if no such address is specified, to  its  registered  or  other  office  there specified,  or  if  no  such office is specified, to the last address of such foreign limited partnership known to the plaintiff.  (3) 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.  (4)  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  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 foreign limited partnership 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 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 mail or to sign the return receipt shall not affect the validity of the service and such foreign limited partnership refusing  to  accept  such  registered  mail shall be charged with knowledge of the contents thereof.  (5) Service made as provided in this section shall have the same force as personal service made within this state.  (c)  The  secretary of state shall keep a record of all process served upon him under this section and shall record therein the  date  of  such service and his action with reference thereto.  (d)  Nothing contained in this section shall limit or affect the right to serve any process required or permitted by law to be served upon  the limited  partnership  in  any other manner now or hereafter permitted by law or applicable rules of procedure.