2006 New York Code - Designation Of Secretary Of State As Agent For Service Of Process; Service Of Process.



 
    §  686.  Designation  of  secretary  of  state as agent for service of
  process; service of process. Any person who shall offer to sell or  sell
  a  franchise  in  this state as a franchisor, subfranchisor or franchise
  sales agent shall be deemed to have irrevocably appointed the  secretary
  of  state  as  his  or  its  agent  upon whom may be served any summons,
  complaint, subpoena,  subpoena  duces  tecum,  notice,  order  or  other
  process  directed  to  such  person, or any partner, principal, officer,
  salesman or director thereof, or his or its successor, administrator  or
  executor, in any action, investigation, or proceeding which arises under
  this article or a rule hereunder, with the same force and validity as if
  served  personally  on  such  person.  Service  of such process upon the
  secretary of state shall be made by personally delivering to and leaving
  with him or a deputy secretary of state a copy thereof at the office  of
  the  department  of state, and such service shall be sufficient provided
  that notice of such  service  and  a  copy  of  such  process  are  sent
  forthwith  by  the department to such person, by registered or certified
  mail with return receipt requested, at his address as set forth  in  the
  application  for  registration  of  his  offering  prospectus  or in the
  registered offering prospectus itself filed with the department  of  law
  pursuant  to  this  article,  or  in  default  of  the  filing  of  such
  application or prospectus, at the last address known to the  department.
  Service of such process shall be complete upon receipt by the department
  of a return receipt purporting to be signed by the addressee or a person
  qualified  to  receive  his  or  its  registered  or  certified mail, in
  accordance with the rules and customs of the post office department, or,
  if acceptance was refused or unclaimed by the addressee or  his  or  its
  agent,  or  if the addressee moved without leaving a forwarding address,
  upon return to  the  department  of  the  original  envelope  bearing  a
  notation  by  the postal authorities that receipt thereof was refused or
  that such mail was otherwise undeliverable.

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