2021 New York Laws
LLC - Limited Liability Company Law
Article 3 - Service of Process
303 - Service of Process on Limited Liability Companies.

Universal Citation: NY LLC L § 303 (2021)
§  303.  Service  of  process  on limited liability companies.   * (a)
Service of process on the secretary of state  as  agent  of  a  domestic
limited  liability  company  or  authorized  foreign  limited  liability
company shall be made by personally delivering to and leaving  with  the
secretary  of  state or his or her 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, duplicate copies of such
process together with the statutory fee, which fee shall  be  a  taxable
disbursement. Service of process on such limited liability company shall
be  complete  when the secretary of state is so served. The secretary of
state shall promptly send one of such copies by certified  mail,  return
receipt  requested, to such limited liability company at the post office
address on file in the department of state specified for that purpose.
  * NB Effective until January 1, 2023
  * (a) Service of process on the secretary  of  state  as  agent  of  a
domestic   limited  liability  company  or  authorized  foreign  limited
liability company shall be made in the manner provided by paragraph  one
or two of this subdivision. Either option of service authorized pursuant
to this subdivision shall be available at no extra cost to the consumer.
(1)  Personally delivering to and leaving with the secretary of state or
his or her 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, duplicate copies of such  process  together  with
the statutory fee, which fee shall be a taxable disbursement. Service of
process  on  such  limited  liability company shall be complete when the
secretary of state is so served. The secretary of state  shall  promptly
send  one of such copies by certified mail, return receipt requested, to
such limited liability company at the post office address on file in the
department of state  specified  for  that  purpose.  (2)  Electronically
submitting  a  copy  of  the process to the department of state together
with the statutory fee, which  fee  shall  be  a  taxable  disbursement,
through  an  electronic  system  operated  by  the  department of state,
provided the domestic or authorized foreign  limited  liability  company
has  an  email  address  on file in the department of state to which the
secretary of state shall email a notice of the  fact  that  process  has
been served electronically on the secretary of state. Service of process
on  such  limited liability company shall be complete when the secretary
of state  has  reviewed  and  accepted  service  of  such  process.  The
secretary of state shall promptly send a notice of the fact that process
against such limited liability company has been served electronically on
him  or  her  to  such limited liability company at the email address on
file in the department of state, specified for  the  purpose  and  shall
make a copy of the process available to such limited liability company.
  * NB Effective January 1, 2023

(b) Nothing in this section shall limit or affect the right to serve any process required or permitted by law to be served upon a limited liability company in any other manner now or hereafter permitted by law or applicable rules of procedure.

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