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N.Y. PTR Law § 121-1505

Service of process

Showing this section's text as in effect on January 1, 2022 (in force January 1, 2022 – January 1, 2024). View current text →

§ 121-1505. Service of process. * (a) Service of process on the\nsecretary of state as agent of a registered limited liability\npartnership under this article shall be made by personally delivering to\nand leaving with the secretary of state or a deputy, or with any person\nauthorized by the secretary of state to receive such service, at the\noffice of the department of state in the city of Albany, duplicate\ncopies of such process together with the statutory fee, which fee shall\nbe a taxable disbursement. Service of process on such registered limited\nliability partnership shall be complete when the secretary of state is\nso served. The secretary of state shall promptly send one of such copies\nby certified mail, return receipt requested, to such registered limited\nliability partnership, at the post office address on file in the\ndepartment of state specified for such purpose.\n * NB Effective until January 1, 2023\n * (a) Service of process on the secretary of state as agent of a\nregistered limited liability partnership or New York registered foreign\nlimited liability partnership under this article shall be made in the\nmanner provided by paragraph one or two of this subdivision. Either\noption of service authorized pursuant to this subdivision shall be\navailable at no extra cost to the consumer. (1) Personally delivering to\nand leaving with the secretary of state or a deputy, or with any person\nauthorized by the secretary of state to receive such service, at the\noffice of the department of state in the city of Albany, duplicate\ncopies of such process together with the statutory fee, which fee shall\nbe a taxable disbursement. Service of process on such registered limited\nliability partnership shall be complete when the secretary of state is\nso served. The secretary of state shall promptly send one of such copies\nby certified mail, return receipt requested, to such registered limited\nliability partnership, at the post office address on file in the\ndepartment of state specified for such purpose. (2) Electronically\nsubmitting a copy of the process to the department of state together\nwith the statutory fee, which fee shall be a taxable disbursement,\nthrough an electronic system operated by the department of state,\nprovided the registered limited liability partnership or New York\nregistered foreign limited liability partnership has an email address on\nfile in the department of state to which the secretary of state shall\nemail a notice of the fact that process against such registered limited\nliability partnership or New York registered foreign limited liability\npartnership served has been electronically served on the secretary of\nstate. Service of process on such registered limited liability\npartnership or New York registered foreign limited liability partnership\nshall be complete when the secretary of state has reviewed and accepted\nservice of such process. The secretary of state shall promptly send a\nnotice of the fact that process against such registered limited\nliability partnership or New York registered foreign limited liability\npartnership has been served electronically upon him or her, to such\nregistered limited liability partnership or New York registered foreign\nlimited liability partnership at the email address on file in the\ndepartment of state, specified for the purpose and shall make a copy of\nthe process available to such registered limited liability partnership\nor New York registered foreign limited liability partnership.\n * NB Effective January 1, 2023\n (b) As used in this article, process shall mean judicial process and\nall orders, demands, notices or other papers required or permitted by\nlaw to be personally served on a registered limited liability\npartnership, for the purpose of acquiring jurisdiction of such\nregistered limited liability partnership in any action or proceeding,\ncivil or criminal, whether judicial, administrative, arbitrative or\notherwise, in this state or in the federal courts sitting in or for this\nstate.\n (c) Nothing in this section shall affect the right to serve process in\nany other manner permitted by law.\n

Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.