2023 New York Laws › BNK - Banking › Article 5 - Foreign Banking Corporations and National Banks › 207 - Service of Process on Unlicensed Corporation Formed Under Laws Other Than the Statutes of This State.

§ 207.  Service  of  process on unlicensed corporation formed under laws
other than the statutes of this state.
1. Every corporation formed under laws other than the statutes of this
state which is required by this chapter to obtain  a  license  from  the
superintendent,  and  which itself or through an agent does any business
in this  state  for  which  such  license  is  required  either  without
obtaining  such  license or after the revocation thereof, submits itself
to the jurisdiction of the courts of this state and is  deemed  to  have
designated  the superintendent as its agent upon whom process against it
may be served, in any action or special proceeding arising out of or  in
connection  with  the  doing of such business. Such process may issue in
any court in this state having jurisdiction of the subject matter.
2. Service of such process upon the superintendent shall  be  made  by
personally delivering to and leaving with him or his deputy, or with any
person  authorized by the superintendent to receive such service, at the
office of the superintendent, 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:
(a) Delivered personally without this state to  such  foreign  banking
corporation by a person and in the manner authorized to serve process by
law in the jurisdiction in which service is made, or
(b)  Sent  by  or  on  behalf of the plaintiff to such foreign banking
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 financial services, 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 banking corporation
known to the plaintiff.
3. 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. 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 banking 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 banking
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 banking
corporation refusing to accept such registered  mail  shall  be  charged
with knowledge of the contents thereof.
4.  Service made as provided in this section shall have the same force
as personal service made within this state.
5. Nothing in this section shall affect the right to serve process  in
any other manner permitted by law.
6.  The  department  of financial services shall keep a record of each
process served upon the superintendent under this section, 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  service  by  an  authorized  person, the date and place of such
service and the receipt of the statutory fee. Process  served  upon  the

superintendent  under  this  section  shall  be destroyed by him after a
period of ten years from such service.