2023 New York Laws › GAS - General Associations › Article 4 - Certificate of Designation by Associations Doing Business Within This State › 18 - Designation of Secretary of State as an Agent for Service of Process.

§  18.  Designation  of  secretary of state as an agent for service of
process. 1. The term "association," as used in this article, is  defined
in section two, subdivision four, of this chapter.
2.  Every  association  doing business within this state shall file in
the department of state a certificate in its associate name, signed  and
acknowledged  by  its  president,  or a vice-president, or secretary, or
treasurer, or managing director, or trustee, designating  the  secretary
of  state  as  an  agent  upon  whom process in any action or proceeding
against the association may be served within  this  state,  and  setting
forth  an  address  to which the secretary of state shall mail a copy of
any process against the association which may be served upon him or  her
pursuant  to  law. The association may include an email address to which
the secretary of state shall email a notice of  the  fact  that  process
against  it  has  been electronically served upon him or her. Annexed to
the certificate of designation shall be a  statement,  executed  in  the
same  manner  as  the  certificate is required to be executed under this
section, which shall set forth:
(a) the names and places of residence of its officers and trustees
(b) its principal place of business
(c) the place where its office within this state  is  located  and  if
such  place  be  in a city, the location thereof by street and number or
other particular description.
3. Any association, from time to time, may change the address to which
the secretary of state is directed to mail copies of process or specify,
change or delete the email address to which the secretary of state shall
email a notice of the fact that process against the association has been
electronically served upon him or her, by filing  a  statement  to  that
effect,   executed,   signed  and  acknowledged  in  like  manner  as  a
certificate of designation as herein provided.
4. Any association doing business within  this  state  without  having
filed  the  certificate  of designation prescribed by this section shall
not maintain any action or special proceeding in this state  unless  and
until   such  association  has  filed  the  certificate  of  designation
prescribed by this section and it  has  paid  to  the  state  all  fees,
penalties  and  franchise  taxes  for  the years or parts thereof during
which it did business in this state without having filed the certificate
of designation prescribed by this section. This prohibition shall  apply
to  any  successor  in  interest  of such association. The failure of an
association to file the certificate of designation  prescribed  by  this
section  shall  not  impair  the  validity of any contract or act of the
association or the right of any other party to the contract to  maintain
any  action  or  special  proceeding  thereon, and shall not prevent the
association from defending any action  or  special  proceeding  in  this
state.