2023 New York Laws › EXC - Executive › Article 7-A - Solicitation and Collection of Funds for Charitable Purposes › 173-C - Non-Resident Professional Fund Raisers, Fund Raising Counsel, Professional Solicitors and Commercial Co-Venturers; Designation of Secretary of State A

§ 173-c. Non-resident professional fund raisers, fund raising counsel,
  professional  solicitors  and  commercial  co-venturers;  designation of
  secretary of state as agent for service of process; service of  process.
  1.  Any  professional  fund  raiser,  fund raising counsel, professional
  solicitor or commercial co-venturer resident or whose principal place of
  business is without the state or organized under and by  virtue  of  the
  laws of another or foreign state, who or which has been engaged by or on
  behalf  of  any  charitable  organization  to  conduct  any fund raising
  activities in this state and/or solicit  contributions  from  people  in
  this  state  shall be deemed to have irrevocably appointed the secretary
  of state as the agent upon whom may be  served  any  summons,  subpoena,
  subpoena   duces  tecum,  other  process  or  notice  directed  to  such
  professional fund raiser, fund raising counsel, professional  solicitor,
  commercial  co-venturer  or any partner, principal, officer, or director
  thereof, in any action or proceeding brought by the attorney general  or
  any  other  party  under  the  provisions  of  this  section.  Any  such
  professional fund raiser, fund raising counsel,  professional  solicitor
  or  commercial  co-venturer  may  file  with  the  secretary  of state a
  designation, in terms complying herewith, duly acknowledged, irrevocably
  appointing the secretary of state as the 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  the
  general   business   law,   section   thirteen   hundred   four  of  the
  not-for-profit corporation law, or section thirteen hundred four of  the
  business corporation law shall serve also as such designation.
2. Service of such process or notice upon the secretary of state shall
  be  made  by  personally delivering to and leaving with the secretary of
  state or any person authorized by the secretary of state to accept  such
  service  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 or other party as the case may be  to  such
  professional  fund  raiser, fund raising counsel, professional solicitor
  or  commercial  co-venturer  by  certified  mail  with  return   receipt
  requested,  at  the office address as set forth in the registration form
  required to be filed with the attorney general pursuant to sections  one
  hundred  seventy-three  and one hundred seventy-three-b of this article,
  or in default of the filing of such form, at the last address  known  to
  the  attorney  general  or other party. Service of such process shall be
  complete ten days after the receipt by the  attorney  general  or  other
  party  of a return receipt purporting to be signed by the addressee or a
  person  qualified  to  receive  the  addressee's  certified   mail,   in
  accordance with the rules and customs of the post office department, or,
  if  acceptance was refused by the addressee or the agent, ten days after
  the return to the attorney  general  or  other  party  of  the  original
  envelope  bearing  a  notation  by  the  postal authorities that receipt
  thereof was refused.