NY Gen Bus L § 352-A (2021)
2021 New York Laws GBS - General Business Article 23-A - Fraudulent Practices in Respect to Stocks, Bonds and Other Securities 352-A - Foreign Corporation to Make Designation.

§  352-a.  Foreign  corporation to make designation. 1. If the stocks,   bonds or other securities of a foreign corporation, association,  common   law  trust  or  similar  organization are offered or advertised for sale   within the state of New York and such corporation,  association,  common   law  trust  or  other  organization  has  not  filed  pursuant  to  laws   heretofore or hereafter existing the designation of a person  upon  whom   process  against it may be served or the designation of the secretary of   state as such person pursuant to section thirteen hundred  four  of  the   business  corporation law or other laws heretofore or hereafter existing   or, in lieu thereof, an instrument  in  writing  duly  acknowledged  and   filed  in the office of the secretary of state designating the secretary   of state as the person upon whom may be served  any  subpoena,  subpoena   duces  tecum  or  other  process  directed  to such foreign corporation,   association, common law trust or similar organization and issued in  any   investigation,   examination  or  proceeding  pending  or  about  to  be   instituted under and pursuant to the provisions  of  this  article,  the   attorney-general  may serve a notice upon such corporation, association,   common law trust  or  similar  organization,  or  upon  any  nonresident   officer  thereof,  by  mailing  the  same  in a securely sealed postpaid   wrapper addressed to such corporation, association, common law trust  or   similar  organization  or officer thereof at its or his last known place   of business or residence, and may  in  such  notice  require  that  such   corporation,  association,  common  law trust or similar organization or   such officer furnish a written statement, verified as required  in  said   notice, giving the information therein specified relating to the stocks,   bonds  or  other securities of such corporation, association, common law   trust  or  similar  organization  or,  in  the  alternative,  that  such   corporation, association, common law trust or other organization, by its   proper  officer  or  officers,  or  such  officer, shall appear within a   reasonable time from the date of mailing of such notice at a  designated   place  within  this  state for examination and shall produce at the time   and place of such examination such books and papers of such corporation,   association,  common  law  trust  or  similar  organization  as  may  be   designated in such notice.2.  If  such  corporation,  association,  common  law trust or similar   organization or such officer thereof shall fail to furnish the statement   called for by such notice, or shall fail to appear pursuant  thereto  or   to  produce  the  books  and  papers required thereby to be produced, or   refuse to submit to examination or to answer any  proper  question,  the   proof  of  such failure or refusal shall constitute prima facie evidence   that the sale or offering for sale or advertisement of the stocks, bonds   or other securities of such corporation, association, common  law  trust   or  similar  organization  constitutes  a fraudulent practice within the   meaning of this article and may  in  the  discretion  of  the  court  be   treated  as  a  sufficient  basis for a permanent injunction against the   continuance of such fraudulent practice.3. The department of state shall keep a record of each process  served   upon  the  secretary  of state under this chapter, 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   process by an authorized person, the date and place of such service  and   the  receipt  of the statutory fee. Process served upon the secretary of   state under this chapter shall be destroyed by him after a period of ten   years from such service.