NY Gen Bus L § 352-B (2021)
2021 New York Laws GBS - General Business Article 23-A - Fraudulent Practices in Respect to Stocks, Bonds and Other Securities 352-B - Non-Resident Brokers, Dealers, Salesmen and Investment Advisors; Designation of Secretary of State as Agent for Service of Process; Service of Process

§  352-b.  Non-resident  brokers,  dealers,  salesmen  and  investment   advisors; designation of secretary of state  as  agent  for  service  of   process;  service  of  process. 1. Any person, partnership, corporation,   company, trust or association resident or having his  or  its  principal   place  of business without the state or organized under and by virtue of   the laws of a foreign state, who or which  shall  do  business  in  this   state as a broker, dealer, salesman or investment advisor, as defined in   section  three  hundred  fifty-nine-e or three hundred fifty-nine-eee of   this article, or any partner, principal, officer  or  director  of  such   broker, dealer or investment advisor shall be deemed to have irrevocably   appointed  the  secretary  of state as his or its agent upon whom may be   served any summons, complaint, subpoena, subpoena duces  tecum,  notice,   order,  judgment  or other process directed to such person, partnership,   corporation, company, trust or association, or any  partner,  principal,   officer  or director thereof, in any action, investigation or proceeding   brought or conducted by the attorney general  under  the  provisions  of   this  article  arising  out  of  or  in connection with any transaction,   matter or thing  relating  to  the  practices,  affairs,  management  or   business  of  such  person,  partnership, corporation, company, trust or   association, or any partner, principal, officer or director thereof. Any   such person, partnership, corporation, company, trust or association, or   any partner, principal, officer or director thereof, may file  with  the   secretary  of  state  a  designation,  in terms complying herewith, duly   acknowledged, irrevocably appointing the secretary of state  as  his  or   its  agent  upon whom may be served any such process; provided, however,   that a designation filed with the secretary of state pursuant to section   three hundred fifty-two-a of this article or  section  thirteen  hundred   four   of  the  business  corporation  law  shall  serve  also  as  such   designation.2. Service of such process upon the secretary of state shall  be  made   by  personally  delivering to and leaving with him or a deputy secretary   of state a copy thereof at the office of the department of state in  the   city  of  Albany,  and such service shall be sufficient service provided   that notice of such service and a copy of  such  process  are  forthwith   sent  by  the attorney general to such person, partnership, corporation,   company, trust or association, by  registered  or  certified  mail  with   return  receipt  requested,  at  his  or  its office as set forth in the   "broker-dealer's  statement",  "salesman's  statement"  or   "investment   advisor's  statement" filed in the department of law pursuant to section   three hundred fifty-nine-e or section three  hundred  fifty-nine-eee  of   this article, or in default of the filing of such statement, at the last   address  known to the attorney general. Service of such process shall be   complete on  receipt  by  the  attorney  general  of  a  return  receipt   purporting  to  be  signed  by  the  addressee  or a person qualified to   receive his or its registered or certified mail, in accordance with  the   rules  and  customs of the post office department, or, if acceptance was   refused by the addressee or his or its agent, on return to the  attorney   general  of  the  original  envelope  bearing  a  notation by the postal   authorities that receipt thereof was refused.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.