2021 New York Laws
GAS - General Associations
Article 4 - Certificate of Designation by Associations Doing Business Within This State
18 - Designation of Secretary of State as an Agent for Service of Process.

§  18.  Designation  of  secretary of state as an agent for service of
process. 1. The term "association," as used in this article, is  defined
in section two, subdivision four, of this chapter.
  * 2.  Every association doing business within this state shall file in
the department of state a certificate in its associate name, signed  and
acknowledged  by  its  president,  or a vice-president, or secretary, or
treasurer, or managing director, or trustee, designating  the  secretary
of  state  as  an  agent  upon  whom process in any action or proceeding
against the association may be served within  this  state,  and  setting
forth  an  address  to which the secretary of state shall mail a copy of
any process against  the  association  which  may  be  served  upon  him
pursuant  to  law.  Annexed to the certificate of designation shall be a
statement, executed in the same manner as the certificate is required to
be executed under this section, which shall set forth
  (a) the names and places of residence of its officers and trustees
  (b) its principal place of business
  (c) the place where its office within this state  is  located  and  if
such  place  be  in a city, the location thereof by street and number or
other particular description.
  * NB Effective until January 1, 2023
  * 2. Every association doing business within this state shall file  in
the  department of state a certificate in its associate name, signed and
acknowledged by its president, or a  vice-president,  or  secretary,  or
treasurer,  or  managing director, or trustee, designating the secretary
of state as an agent upon whom  process  in  any  action  or  proceeding
against  the  association  may  be served within this state, and setting
forth an address to which the secretary of state shall mail  a  copy  of
any  process against the association which may be served upon him or her
pursuant to law. The association may include an email address  to  which
the  secretary  of  state  shall email a notice of the fact that process
against it has been electronically served upon him or  her.  Annexed  to
the  certificate  of  designation  shall be a statement, executed in the
same manner as the certificate is required to  be  executed  under  this
section, which shall set forth:
  (a) the names and places of residence of its officers and trustees
  (b) its principal place of business
  (c)  the  place  where  its office within this state is located and if
such place be in a city, the location thereof by street  and  number  or
other particular description.
  * NB Effective January 1, 2023
  * 3.  Any  association,  from  time to time, may change the address to
which the secretary of state is directed to mail copies of  process,  by
filing  a statement to that effect, executed, signed and acknowledged in
like manner as a certificate of designation as herein provided.
  * NB Effective until January 1, 2023
  * 3. Any association, from time to time, may  change  the  address  to
which  the  secretary  of state is directed to mail copies of process or
specify, change or delete the email address to which  the  secretary  of
state  shall  email  a  notice  of  the  fact  that  process against the
association has been electronically served upon him or her, by filing  a
statement  to  that  effect,  executed,  signed and acknowledged in like
manner as a certificate of designation as herein provided.
  * NB Effective January 1, 2023
  4. Any association doing business within  this  state  without  having
filed  the  certificate  of designation prescribed by this section shall
not maintain any action or special proceeding in this state  unless  and
until   such  association  has  filed  the  certificate  of  designation
prescribed by this section and it  has  paid  to  the  state  all  fees,

penalties  and  franchise  taxes  for  the years or parts thereof during
which it did business in this state without having filed the certificate
of designation prescribed by this section. This prohibition shall  apply
to  any  successor  in  interest  of such association. The failure of an
association to file the certificate of designation  prescribed  by  this
section  shall  not  impair  the  validity of any contract or act of the
association or the right of any other party to the contract to  maintain
any  action  or  special  proceeding  thereon, and shall not prevent the
association from defending any action  or  special  proceeding  in  this
state.