2013 New York Consolidated Laws
LLC - Limited Liability Company Law
Article 3 - (301 - 305) SERVICE OF PROCESS
301-A - Resignation for receipt of process.

 
    301-A.  Resignation  for receipt of process. (a) The party (or his/her
  legal representative) whose post office address has been supplied  by  a
  domestic  limited liability company or foreign limited liability company
  as  its  address  for  process  may  resign.  A   certificate   entitled
  "Certificate  of  Resignation for Receipt of Process under section 301-A
  of the Limited Liability Company Law" shall be signed by such party  and
  delivered to the department of state. It shall set forth:
    (1)  the  name  of the limited liability company and the date that its
  articles of organization or application for authority was filed  by  the
  department of state.
    (2)  that  the address of the party has been designated by the limited
  liability company 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 limited liability company, 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  designated
  limited   liability   company,  if  other  than  the  party  filing  the
  certificate of resignation, for receipt of process, or if the  resigning
  limited  liability  company  has  no  registered agent, then to the last
  address of the designated limited liability company 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  limited
  liability   company,   the  party  shall  attach  an  affidavit  to  the
  certificate stating that a diligent but unsuccessful search was made  by
  the  party  to  locate  the  limited  liability company, specifying what
  efforts were made.
    (4) that the designated  limited  liability  company  is  required  to
  deliver  to the department of state a certificate of amendment or change
  providing for the designation by the limited liability company of a  new
  address,  and  that  upon  its  failure  to  file  such  certificate its
  authority to do business in this state shall be suspended.
    (b) Upon the failure of the designating limited liability  company  to
  file  a  certificate of amendment or certificate of change providing for
  the designation by the limited liability  company  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.
    (c)  The  filing  by  the  department  of  state  of  a certificate of
  amendment or certificate of change providing for  a  new  address  by  a
  designating limited liability company shall annul the suspension and its
  authority  to  do business in this state shall be restored and continued
  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 limited liability company 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  limited  liability
  company  may be served upon the secretary of state as its agent pursuant
  to this section. Such process may be issued 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 that state to such limited
  liability company by a person and in  the  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 limited company by
  registered or certified mail with return receipt requested to  the  last
  address of such limited liability company 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  the
  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 be 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 limited
  liability company 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  limited  company  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
  limited liability company 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  limited  liability  company  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.