2023 New York Laws › LLC - Limited Liability Company Law › Article 3 - Service of Process › 304 - Service of Process on Unauthorized Foreign Limited Liability Companies.

§  304.  Service  of process on unauthorized foreign limited liability
companies. (a) 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
liability company not authorized to do business in this state is subject
to  a like jurisdiction.  In any such case, process against such foreign
limited liability company 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.
(b) Service of such 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  subdivision  shall
be available at no extra cost to the consumer.
(1)  Personally  delivering to and leaving with the secretary of state
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,  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.
(c)  Such  service shall be sufficient if notice thereof and a copy of
the process are:
(1) delivered personally outside this state to  such  foreign  limited
liability  company  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
liability  company  by registered mail, 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 formation, or if no
such address is specified, to its registered or other office  specified,
or  if  no such office is specified, to the last address of such foreign
limited liability company known to the plaintiff.
(d) 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.
(e)  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  liability company 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
liability company 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  liability company 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  liability  company  refusing to accept such registered
mail shall be charged with knowledge of the contents thereof.
(f) Service made as provided in this section shall have the same force
as personal service made within this state.
(g)  Nothing  in this section shall limit or affect the right to serve
any process required or permitted by law to be  served  upon  a  foreign
limited liability company in any other manner now or hereafter permitted
by law or applicable rules of procedure.