2023 New York Laws › NPC - Not-For-Profit Corporation › Article 3 - Corporate Name and Service of Process › 307 - Service of Process on Unauthorized Foreign Corporation.

§ 307. Service of process on unauthorized foreign corporation.
(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  corporation  not
authorized  to  conduct  activities  in  this state is subject to a like
jurisdiction. In any such case, process against such foreign corporation
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)  (1)  Service of such process upon the secretary of state shall be
made in the manner provided by items (i) or (ii) of  this  subparagraph.
Either  option of service authorized pursuant to this paragraph shall be
available at no extra cost to the consumer. (i) 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.  (ii)  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.
(2) Service under this paragraph shall be sufficient if notice thereof
and a copy of the process are:
(i)   Delivered   personally   without  this  state  to  such  foreign
corporation by a person and in the manner authorized to serve process by
law of the jurisdiction in which service is made, or
(ii) Sent by or on behalf of the plaintiff to such foreign 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 state,  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 corporation known to the plaintiff.
(c)  (1)  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.
(2) 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
corporation, 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 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 the notice of the mailing by registered mail
and refusal to accept shall be promptly sent to such foreign 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 corporation refusing

to  accept  such  registered mail shall be charged with knowledge of the
contents thereof.
(d) Service made as provided in this section shall have the same force
as personal service made within this state.
(e) Nothing in this section shall affect the right to serve process in
any other manner permitted by law.