2012 New York Consolidated Laws
EXC - Executive
Article 7-A - (171-A - 177) SOLICITATION AND COLLECTION OF FUNDS FOR CHARITABLE PURPOSES
172-C - Non-resident charitable organizations; designation of secretary of state as agent for service of process; service of process.


NY Exec L § 172-C (2012) What's This?
 
    § 172-c. Non-resident   charitable   organizations;   designation   of
  secretary of state as agent for service of process; service of  process.
  1.  Any  charitable  organization having its principal place of business
  without the state or organized under  and  by  virtue  of  the  laws  of
  another or foreign state and which solicits contributions from people in
  this  state, shall be deemed to have irrevocably appointed the secretary
  of state as its agent upon whom may be  served  any  summons,  subpoena,
  subpoena   duces  tecum,  other  process  or  notice  directed  to  such
  charitable organization, or any partner, principal, officer, trustee  or
  director  thereof,  in  any action or proceeding brought by the attorney
  general or any other party under the provisions  of  this  article.  Any
  such charitable organization may file with the secretary of state of the
  state  of  New  York a designation, duly acknowledged in accordance with
  procedures for such filing with  the  secretary  of  state,  irrevocably
  appointing  the  secretary of state as its agent upon whom may be served
  any such process; provided, however, that a designation filed  with  the
  secretary  of state pursuant to section three hundred fifty-two-a of the
  general  business  law  or  section  thirteen  hundred   four   of   the
  not-for-profit corporation law shall serve also as such designation.
    2.  Service  of such process upon the secretary of state shall be made
  by personally delivering to and leaving with the secretary of  state  or
  any person authorized by the secretary of state to accept such service a
  copy  thereof  at  the  office of the department of state in the city of
  Albany, and such service  shall  be  sufficient  service  provided  that
  notice  of such service and a copy of such process are forthwith sent by
  the attorney general or any other party to such charitable  organization
  by  certified  mail  with return receipt requested, at its office as set
  forth in the registration form required to be filed  with  the  attorney
  general  pursuant to section one hundred seventy-two of this article, or
  in default of the filing of such form, at the last address known to  the
  attorney  general  or  any other party. Service of such process shall be
  complete upon the receipt by the attorney general or any other party  of
  a  return  receipt  purporting to be signed by the addressee or a person
  qualified to receive its certified mail, in accordance  with  the  rules
  and customs of the post office department, or, if acceptance was refused
  by the addressee or its agent, ten days after the return to the attorney
  general  or any other party of a notation by the postal authorities that
  receipt thereof was refused.

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