2023 New York Laws › PTR - Partnership › Article 8-A - Revised Limited Partnership Act › 121-109 - Service of Process on Limited Partnerships.

§ 121-109. Service of process on limited partnerships.  (a) Service of
process  on  the secretary of state as agent of a domestic or authorized
foreign limited partnership shall be made  in  the  manner  provided  by
paragraph  one  or  two  of  this  subdivision. Either option of service
authorized pursuant to this subdivision shall be available at  no  extra
cost to the consumer.
(1)  By personally delivering to and leaving with him or her or his or
her 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, duplicate copies  of  such  process  together  with  the
statutory fee, which fee shall be a taxable disbursement.
The  service on the limited partnership is complete when the secretary
of state is so served.
The secretary of state shall promptly  send  one  of  such  copies  by
certified  mail,  return  receipt  requested,  addressed  to the limited
partnership at the post office address, on file  in  the  department  of
state, specified for that purpose.
(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,  provided  the domestic or authorized foreign limited partnership
has an email address on file in the department of  state  to  which  the
secretary  of  state  shall  email a notice of the fact that process has
been served electronically on the secretary of state as  agent  of  such
domestic  or  authorized foreign limited partnership. Service of process
on such limited partnership or authorized  foreign  limited  partnership
shall  be complete when the secretary of state has reviewed and accepted
service of such process. The secretary of state shall  promptly  send  a
notice  of  the  fact  that  process  has  been  served  to such limited
partnership at the email address on file in  the  department  of  state,
specified for the purpose and shall make a copy of the process available
to such limited partnership or authorized foreign limited partnership.
(b)  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 limited partnership
not authorized to do business  in  this  state  is  subject  to  a  like
jurisdiction.  In  any  such  case, process against such foreign limited
partnership 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. Service of process upon the secretary of state shall be
made in the manner provided by paragraph one or two of this subdivision.
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:
(1)  Delivered  personally  without this state to such foreign limited
partnership 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  limited
partnership  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 creation, or if no
such address is specified, to  its  registered  or  other  office  there
specified,  or  if  no  such office is specified, to the last address of
such foreign limited partnership known to the plaintiff.
(3) 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.
(4)  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
limited  partnership,  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 limited
partnership 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 limited partnership 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 limited partnership refusing  to  accept  such  registered  mail
shall be charged with knowledge of the contents thereof.
(5) Service made as provided in this section shall have the same force
as personal service made within this state.
(c)  The  secretary of state shall keep a record of all process served
upon him under this section and shall record therein the  date  of  such
service and his action with reference thereto.
(d)  Nothing contained in this section shall limit or affect the right
to serve any process required or permitted by law to be served upon  the
limited  partnership  in  any other manner now or hereafter permitted by
law or applicable rules of procedure.