2019 New York Laws
LLC - Limited Liability Company Law
Article 3 - Service of Process
301 - Statutory Designation of Secretary of State as Agent for Service of Process.

§  301.  Statutory  designation  of  secretary  of  state as agent for
service of process. (a) The secretary of state shall  be  the  agent  of
every  domestic  limited  liability  company  that  has  filed  with the
department of state articles of organization making such designation and
every foreign limited liability company upon which process may be served
pursuant to this chapter.
  (b) No domestic or foreign limited liability company may be formed  or
authorized  to  do  business in this state under this chapter unless its
articles of organization or application  for  authority  designates  the
secretary of state as such agent.
  (c) Any designated post office address to which the secretary of state
shall  mail  a  copy  of  process  served  upon him or her as agent of a
domestic limited  liability  company  or  a  foreign  limited  liability
company  shall  continue  until  the  filing of a certificate under this
chapter directing the mailing to a different post office address.
  (e) (1) Except  as  otherwise  provided  in  this  subdivision,  every
limited   liability   company  to  which  this  chapter  applies,  shall
biennially  in  the  calendar  month  during  which  its   articles   of
organization  or application for authority were filed, or effective date
thereof if stated, file on forms prescribed by the secretary of state, a
statement setting forth the post office address within or  without  this
state  to  which the secretary of state shall mail a copy of any process
accepted against it served upon him or her. Such address shall supersede
any previous address on file with  the  department  of  state  for  this
purpose.
  (2)  The  commissioner  of  taxation  and finance and the secretary of
state may agree to allow limited  liability  companies  to  include  the
statement  specified in paragraph one of this subdivision on tax reports
filed with the department of taxation and finance in  lieu  of  biennial
statements  and  in  a manner prescribed by the commissioner of taxation
and finance.  If this agreement is made,  starting  with  taxable  years
beginning  on or after January first, two thousand sixteen, each limited
liability company required to file the statement specified in  paragraph
one  of  this  subdivision  that is subject to the filing fee imposed by
paragraph three of subsection (c) of section six hundred fifty-eight  of
the  tax  law  shall  provide  such statement annually on its filing fee
payment form filed with the department of taxation and finance  in  lieu
of  filing  a statement under this section with the department of state.
However, each limited liability company required  to  file  a  statement
under this section must continue to file the biennial statement required
by this section with the department of state until the limited liability
company  in fact has filed a filing fee payment form with the department
of taxation and finance that includes all  required  information.  After
that  time,  the  limited  liability  company  shall continue to provide
annually the statement specified in paragraph one of this subdivision on
its filing fee payment form in lieu of the biennial  statement  required
by this subdivision.
  (3) If the agreement described in paragraph two of this subdivision is
made,  the  department  of  taxation  and  finance  shall deliver to the
department of state the statement specified in  paragraph  one  of  this
subdivision  contained  on  filing  fee payment forms. The department of
taxation and finance must, to the  extent  feasible,  also  include  the
current  name  of  the  limited  liability  company, department of state
identification number for such  limited  liability  company,  the  name,
signature  and  capacity of the signer of the statement, name and street
address of the filer of the statement, and the email address, if any, of
the filer of the statement.