Overview
The General Municipal Law was recently amended in relation to service of notices of claim against public corporations. Public corporations, as defined in the General Construction Law, include municipal corporations, district corporations and public benefit corporations. Specifically, General Municipal Law section 53 was amended to permit notices of claim against public corporations to be served on the New York Secretary of State. The New York Department of State will forward the notice of claim to the person designated by the public corporation to receive the notice of claim.
Public corporations will be required to file a certificate with the New York Department of State designating the New York Secretary of State as their agent for service of notices of claim. The certificate must provide address information for the transmittal of notices of claim. Failure of a public corporation to file such a certificate will not invalidate any notice of claim served on the New York Secretary of State.
A person serving a notice of claim on the New York Secretary of State will be charged a $250 service fee. Half of the service fee will be retained by the New York Secretary of State and the other half provided to the public corporation or public corporations named in the notice of claim. Public corporations that do not file a Certificate of Designation of Notice of Claim with the New York Department of State will not receive a share of the service fees.
Certificates of Designation of Notice of Claim may be filed online. Online filing is available from 7:00 a.m. to 11:30 p.m.
Paper forms are also available. Completed paper forms may be sent to the Department of State, Division of Corporations, State Records and Uniform Commercial Code, One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231.
The Secretary of State may be served with notices of claim against public corporations beginning Monday, July 15, 2013.
Any questions regarding notices of claim may be sent to the Department of State at [email protected].
Online Filing of Designation
Online Filing of Amendment
Frequently Asked Questions
What is a public corporation?
A "public corporation" includes a municipal corporation, a district corporation, or a public benefit corporation as defined by Section 66 of the General Construction Law. What is a Vendor ID Number?
A Vendor ID number is a ten-digit number assigned by the Office of the State Comptroller to any business entity, individual, not-for-profit, municipality/local government, or school district that provides goods or services to, has an ongoing relationship with or receives payment from New York State A Vendor ID is not required to file a Certificate of Designation for Service of Notice of Claim. How do I get a Vendor ID number?
The public corporation will be contacted by Office of the State Comptroller regarding issuance of a Vendor ID when fees for service of Notices of Claim are available for distribution to the public corporation. The public corporation will not receive distributions of its share of fees for service of Notices of Claim until it has been assigned a Vendor ID Number by the Office of the State Comptroller. The public corporation should not contact the Office of the State Comptroller to obtain a Vendor ID. Do I have to use the Certificate of Designation of Notice of Claim forms provided by the Department of State?
Yes. Certificates of Designation of Notice of Claim may be filed online through the Department’s website. How will Notices of Claim served on the Secretary of State be sent to the public corporation?
The Department of State will send a copy of the Notice of Claim to the public corporation at the email address or post office address on file for such purpose. Public corporations must therefore maintain current address information with the Department of State. A Certificate of Amendment of Certificate of Designation of Notice of Claim form is on the Department’s website. Can the Secretary of State be served with a Notice of Claim if the public corporation has not filed a Certificate of Designation for Service of Notice of Claim?
Yes. The failure of a public corporation to file a Certificate of Designation for Service of Notice of Claim will not invalidate any service of a Notice of Claim upon the public corporation which has been received by the Secretary of State. The Secretary of State will not be able to send a copy of the Notice of Claim to the public corporation in such case. Can the Certificate of Designation of Notice of Claim be amended?
Yes, a form for amending the Certificate of Designation of Notice of Claim is available on the Department’s website and may be filed online. Can a Certificate of Designation for Service of Notice of Claim or Certificate of Amendment of Designation for Service of Notice of Claim be filed in a paper format?
Yes. A Certificate of Designation for Service of Notice of Claim and Certificate of Amendment of Designation for Service of Notice of Claim may be filed in a paper format. The completed certificate should be forwarded to the New York Department of State, Division of Corporations, One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231.