§ 121-1505. Service of process. * (a) Service of process on the
secretary of state as agent of a registered limited liability
partnership under this article shall be made by personally delivering to
and leaving with the secretary of state or a 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 registered limited
liability partnership 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 registered limited
liability partnership, at the post office address on file in the
department of state specified for such purpose.
* NB Effective until January 1, 2023
* (a) Service of process on the secretary of state as agent of a
registered limited liability partnership or New York registered foreign
limited liability partnership under this article 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 a 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 registered limited
liability partnership 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 registered limited
liability partnership, at the post office address on file in the
department of state specified for such 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 registered limited liability partnership or New York
registered foreign limited liability partnership 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 against such registered limited
liability partnership or New York registered foreign limited liability
partnership served has been electronically served on the secretary of
state. Service of process on such registered limited liability
partnership or New York registered foreign limited liability partnership
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 registered limited
liability partnership or New York registered foreign limited liability
partnership has been served electronically upon him or her, to such
registered limited liability partnership or New York registered foreign
limited liability partnership 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 registered limited liability partnership
or New York registered foreign limited liability partnership.
* NB Effective January 1, 2023
(b) As used in this article, process shall mean judicial process and
all orders, demands, notices or other papers required or permitted by
law to be personally served on a registered limited liability
partnership, for the purpose of acquiring jurisdiction of such
registered limited liability partnership in any action or proceeding,
civil or criminal, whether judicial, administrative, arbitrative or
otherwise, in this state or in the federal courts sitting in or for this
state.
(c) Nothing in this section shall affect the right to serve process in
any other manner permitted by law.