US Laws, Codes, Statutes & Cases

 
    §  11-609 Collection of taxes. Every foreign corporation (other than a
  moneyed corporation) subject  to  the  provisions  of  this  subchapter,
  except  a  corporation  having  authority  to  do  business by virtue of
  section thirteen hundred five of the  business  corporation  law,  shall
  file  in  the  department  of  state a certificate of designation in its
  corporate  name,  signed  and  acknowledged  by  its  president   or   a
  vice-president  or its secretary or treasurer, under its corporate seal,
  designating the secretary of state as its agent upon whom process in any
  action provided for by this subchapter may be served within this  state,
  and  setting forth an address to which the secretary of state shall mail
  a copy of any such process against the corporation which may  be  served
  upon  the  secretary  of  state. In case any such corporation shall have
  failed to file such certificate of designation, it shall  be  deemed  to
  have  designated  the  secretary  of  state  as its agent upon whom such
  process against it may be served; and until a certificate of designation
  shall have been filed the corporation shall be deemed to  have  directed
  the  secretary of state to mail copies of process served upon him or her
  to the corporation at its last known office address  within  or  without
  the  state.  When  a  certificate  of designation has been filed by such
  corporation  the  secretary  of  state  shall  mail  copies  of  process
  thereafter  served  upon the secretary of state to the address set forth
  in such certificate. Any such corporation, from time to time, may change
  the address to which the secretary of state is directed to  mail  copies
  of  process, by filing a certificate to that effect executed, signed and
  acknowledged in like manner as a certificate of  designation  as  herein
  provided.  Service  of  process  upon  any  such corporation or upon any
  corporation having a certificate of authority under section two  hundred
  twelve of the general corporation law or having authority to do business
  by  virtue  of section thirteen hundred five of the business corporation
  law, in any action commenced at any time pursuant to the  provisions  of
  this subchapter, may be made by either: (a) personally delivering to and
  leaving with the secretary of state, a deputy secretary of state or with
  any  person authorized by the secretary of state to receive such service
  duplicate copies thereof at the office of the department of state in the
  city of Albany, in which event the secretary of  state  shall  forthwith
  send by registered mail, return receipt requested, one of such copies to
  the  corporation  at  the  address designated by it or at its last known
  office address within or without the state, or (b) personally delivering
  to and leaving with the secretary of state, a deputy secretary of  state
  or  with any person authorized by the secretary of state to receive such
  service, a copy thereof at the office of the department of state in  the
  city  of  Albany  and  by delivering a copy thereof to, and leaving such
  copy  with,  the   president,   vice-president,   secretary,   assistant
  secretary,   treasurer,   assistant   treasurer,   or  cashier  of  such
  corporation, or the officer  performing  corresponding  functions  under
  another  name,  or  a  director  or  managing agent of such corporation,
  personally without the state. Proof of such personal service without the
  state shall be filed with the clerk of the court in which the action  is
  pending within thirty days after such service, and such service shall be
  complete ten days after proof thereof is filed.