2006 New York Code - Foreign Corporation To Make Designation.

 
    §  352-a.  Foreign  corporation to make designation. 1. If the stocks,
  bonds or other securities of a foreign corporation, association,  common
  law  trust  or  similar  organization are offered or advertised for sale
  within the state of New York and such corporation,  association,  common
  law  trust  or  other  organization  has  not  filed  pursuant  to  laws
  heretofore or hereafter existing the designation of a person  upon  whom
  process  against it may be served or the designation of the secretary of
  state as such person pursuant to section thirteen hundred  four  of  the
  business  corporation law or other laws heretofore or hereafter existing
  or, in lieu thereof, an instrument  in  writing  duly  acknowledged  and
  filed  in the office of the secretary of state designating the secretary
  of state as the person upon whom may be served  any  subpoena,  subpoena
  duces  tecum  or  other  process  directed  to such foreign corporation,
  association, common law trust or similar organization and issued in  any
  investigation,   examination  or  proceeding  pending  or  about  to  be
  instituted under and pursuant to the provisions  of  this  article,  the
  attorney-general  may serve a notice upon such corporation, association,
  common law trust  or  similar  organization,  or  upon  any  nonresident
  officer  thereof,  by  mailing  the  same  in a securely sealed postpaid
  wrapper addressed to such corporation, association, common law trust  or
  similar  organization  or officer thereof at its or his last known place
  of business or residence, and may  in  such  notice  require  that  such
  corporation,  association,  common  law trust or similar organization or
  such officer furnish a written statement, verified as required  in  said
  notice, giving the information therein specified relating to the stocks,
  bonds  or  other securities of such corporation, association, common law
  trust  or  similar  organization  or,  in  the  alternative,  that  such
  corporation, association, common law trust or other organization, by its
  proper  officer  or  officers,  or  such  officer, shall appear within a
  reasonable time from the date of mailing of such notice at a  designated
  place  within  this  state for examination and shall produce at the time
  and place of such examination such books and papers of such corporation,
  association,  common  law  trust  or  similar  organization  as  may  be
  designated in such notice.
    2.  If  such  corporation,  association,  common  law trust or similar
  organization or such officer thereof shall fail to furnish the statement
  called for by such notice, or shall fail to appear pursuant  thereto  or
  to  produce  the  books  and  papers required thereby to be produced, or
  refuse to submit to examination or to answer any  proper  question,  the
  proof  of  such failure or refusal shall constitute prima facie evidence
  that the sale or offering for sale or advertisement of the stocks, bonds
  or other securities of such corporation, association, common  law  trust
  or  similar  organization  constitutes  a fraudulent practice within the
  meaning of this article and may  in  the  discretion  of  the  court  be
  treated  as  a  sufficient  basis for a permanent injunction against the
  continuance of such fraudulent practice.
    3. The department of state shall keep a record of each process  served
  upon  the  secretary  of state under this chapter, including the date of
  service. It shall, upon request made within ten years of  such  service,
  issue  a  certificate under its seal certifying as to the receipt of the
  process by an authorized person, the date and place of such service  and
  the  receipt  of the statutory fee. Process served upon the secretary of
  state under this chapter shall be destroyed by him after a period of ten
  years from such service.