2010 New York Code
BSC - Business Corporation
Article 3 - (301 - 308) CORPORATE NAME AND SERVICE OF PROCESS
306-A - Resignation for receipt of process.

§ 306-A. Resignation for receipt of process.
    (a)  The  party  (or  his/her  legal representative) whose post office
  address has been  supplied  by  a  domestic  corporation  or  authorized
  foreign corporation as its address for process may resign. A certificate
  entitled  "Certificate  of  Resignation  for  Receipt  of  Process under
  Section 306-A of the Business Corporation Law" shall be signed  by  such
  party and delivered to the department of state. It shall set forth:
    (1)  The  name of the corporation and the date that its certificate of
  incorporation or application of authority was filed by the department of
  state.
    (2) That  the  address  of  the  party  has  been  designated  by  the
  corporation  as  the post office address to which the secretary of state
  shall mail a copy of any process served on the  secretary  of  state  as
  agent for such corporation, and that such party wishes to resign.
    (3)  That  sixty  days  prior  to  the  filing  of  the certificate of
  resignation with the department of state the party has sent  a  copy  of
  the  certificate  of resignation for receipt of process by registered or
  certified mail to the address of the registered agent of the designating
  corporation,  if  other  than  the  party  filing  the  certificate   of
  resignation, for receipt of process, or if the resigning corporation has
  no  registered  agent,  then  to  the  last  address  of the designating
  corporation known to the party, specifying the address to which the copy
  was sent. If there is no registered agent and no known  address  of  the
  designating  corporation,  the  party  shall  attach an affidavit to the
  certificate stating that a diligent but unsuccessful search was made  by
  the party to locate the corporation, specifying what efforts were made.
    (4)  That  the  designating  corporation is required to deliver to the
  department of state a certificate of amendment or change  providing  for
  the  designation  by  the corporation of a new address and that upon its
  failure to file such certificate, its authority to do business  in  this
  state  shall be suspended, unless the corporation has previously filed a
  biennial statement under section four hundred eight of this chapter,  in
  which  case  the address of the principal executive office stated in the
  last filed biennial statement  shall  constitute  the  new  address  for
  process  of  the  corporation,  and  no such certificate of amendment or
  change need be filed.
    (b) Upon  the  failure  of  the  designating  corporation  to  file  a
  certificate  of amendment or change providing for the designation by the
  corporation of the new address after the  filing  of  a  certificate  of
  resignation  for  receipt  of  process  with the secretary of state, its
  authority to do business in this state shall  be  suspended  unless  the
  corporation  has previously filed a statement of addresses and directors
  under section four hundred eight of this chapter,  the  address  of  the
  principal  executive  office  stated  in  the  last  filed  statement of
  addresses and directors shall constitute the new address for process  of
  the corporation, and the corporation shall not be deemed suspended.
    (c)  The  filing  by  the  department  of  state  of  a certificate of
  amendment or change  providing  for  a  new  address  by  a  designating
  corporation  shall annul the suspension and its authority to do business
  in this state shall be restored and continue as  if  no  suspension  had
  occurred.
    (d) The resignation for receipt of process shall become effective upon
  the  filing  by  the department of state of a certificate of resignation
  for receipt of process.
    (e) (1) In any case in which a corporation suspended pursuant to  this
  section  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, process against such corporation may be served upon the secretary

of  state  as its agent pursuant to this section. Such process may issue
  in any court in this state having jurisdiction of the subject matter.
    (2)  Service of such process upon the secretary of state shall be made
  by 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. Such service shall be sufficient if notice thereof
  and a copy of the process are:
    (i)  delivered  personally  within  or  without  this  state  to  such
  corporation by a person and in 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  corporation  by
  registered  or  certified mail with return receipt requested to the last
  address of such corporation known to the plaintiff.
    (3) (i) 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 complete ten days  after
  such papers are filed with the clerk of the court.
    (ii)  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
  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 corporation or  other  official
  proof  of  delivery,  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 or certified mail  and
  refusal to accept shall be promptly sent to such 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 or certified mail or to sign the  return  receipt  shall  not
  affect  the  validity  of  the  service and such corporation refusing to
  accept such registered or certified mail shall be charged with knowledge
  of the contents thereof.
    (4) Service made as provided in this section without the  state  shall
  have the same force as personal service made within this state.
    (5) Nothing in this section shall affect the right to serve process in
  any other manner permitted by law.