2012 New York Consolidated Laws
TAX - Tax
Article 9-A - (208 - 219-A) FRANCHISE TAX ON BUSINESS CORPORATIONS
216 - Collection of taxes.


NY Tax L § 216 (2012) What's This?
 
    § 216.  Collection of taxes.   Every foreign corporation (other than a
  moneyed corporation) subject to the provisions of this article, except a
  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,  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 article 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 him.  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 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 him 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  article,  may  be  made  by  either  (1)  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  (2)  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.

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