NY Bus Corp L § 307 (2021)
2021 New York Laws BSC - Business Corporation Article 3 - Corporate Name and Service of Process 307 - Service of Process on Unauthorized Foreign Corporation.

§ 307. Service of process on unauthorized foreign corporation.  (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  corporation  not authorized   to  do  business  in  this  state  is  subject  to  a  like jurisdiction. In any such case, process against such foreign corporation 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 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   * Service of such process upon the secretary of state shall be made in the manner provided by subparagraph one or two of this paragraph. 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 corporation 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  corporation 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 incorporation, or if  no such address is there specified, to its registered or other office there specified,  or if no such office is there specified, to the last address of such foreign corporation known to the plaintiff.  (c) 1. 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.   2.  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 corporation,  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  corporation  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 corporation 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 corporation refusing to  accept  such  registered mail shall be charged with knowledge of the contents thereof.  (d) Service made as provided in this section shall have the same force as personal service made within this state.  (e) Nothing in this section shall affect the right to serve process in any other manner permitted by law.