How do I serve process on the Secretary of State?
A. Service of process on the New York Secretary of State as agent of a corporation or other business entity may be accomplished by serving an authorized person at the New York Department of State’s office at One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231. Process should be brought to the Customer Service Counter located on the 6th Floor or through the Department of State’s Electronic Service of Process system.
In addition to the other methods prescribed by law, the New York Secretary of State acts as the statutory agent for service of process for domestic and foreign business corporations; not-for-profit corporations that have been formed or amended their Certificate of Incorporation after September 14, 1981; limited liability companies; limited partnerships; and limited liability partnerships; general associations, and condominium boards.
Only "process" may be served on the New York Secretary of State as agent. "Process" is defined as judicial process and all orders, demands, notices, or other papers required or permitted to be personally served on a domestic or foreign entity, for the purpose of acquiring jurisdiction of such entity 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. (See §102(a)(11) of the Business Corporation Law, §102(a)(12) of the Not-for-Profit Corporation Law, §102(x) of the Limited Liability Company Law, §121-101(o) of the Partnership Law.)
Service of process is accepted pursuant to the following sections of New York State Law: Sections 306, 306-A, and 307 of the Business Corporation Law; Sections 306 and 307 of the Not-for-Profit Corporation Law; Sections 301-A, 303, and 304 of the Limited Liability Company Law; Sections 121-104-A, 121-109, 121-1505, and 121-1506 of the Partnership Law; Section 19 of the General Association Law, and Section 339-n of the Real Property Law. Please note that nothing in these sections of New York State law affects the right to serve process in any other manner permitted by law.
Service of process upon a domestic or authorized foreign corporation, limited liability company, limited partnership, or limited liability partnership, general association or condominium board by personal delivery requires that two copies of the process be personally served on the New York Secretary of State or any person authorized by him at the Office of the New York Department of State, One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231. Service by mail is not permitted. The statutory fee for serving process is $40.
Service of process may also be served electronically on the Secretary of State as agent of a domestic or authorized foreign corporation, limited liability company, limited partnership, limited liability partnership, general association or condominium board provided such entity has provided the Department of State with an email address for such purpose. The statutory fee for serving process is $40. There is no additional fee for serving process electronically.
Service of process upon an unauthorized foreign or suspended corporation, limited liability company, limited partnership, or limited liability partnership by personal delivery requires that one copy of the process be personally served on the New York Secretary of State or any person authorized by him at the Office of the New York Department of State, One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231. Service by mail is not permitted. The statutory fee for serving process is $40. Please refer to the appropriate section of law for additional mailing/service requirements. Process on such entities may also be served through the Department of State’s Electronic Service of Process system. There is no additional cost for electronic service of process.
The New York Department of State has prepared "Instructions for Service of Process on the Secretary of State as Agent for Domestic or Authorized Foreign Entities." The instructions are intended to provide guidance to Process Servers who wish to serve process on the New York Secretary of State. Please note that the New York Department of State cannot provide legal advice. Process Servers are encouraged to consult with their own attorneys for advice on any matter discussed in these instructions or regarding any other aspect of service of process.
To serve process on the New York Secretary of State as statutory agent of any person, corporation or other business entity, the Process Server will be required to:
- determine the identity of the entity intended to be served;
- obtain the "DOS Search Page(s)" for the entity the Process Server intends to serve;
- complete a "Service of Process/Notice of Claim Cover Sheet;"
- hand-deliver the process being served (with the Service of Process Cover Sheet and DOS Search Page(s) stapled thereto), and the applicable fee, to an authorized person at the New York Department of State’s office at One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231. Process, should be brought to the Customer Service Counter located on the 6th Floor. When dropping off documents, customers must always wear a face covering and maintain 6 feet from others in the office whenever possible.
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serve process using the Department of State’s Electronic Service of Process system by clicking on this link.
B. Service of process on the New York Secretary of State in any action or proceeding in which the New York Secretary of State is a party to such action may be accomplished by serving a deputy secretary of state authorized to accept service. All such process may be served at the New York Department of State’s office at One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231. Process should be brought to the Customer Service Counter located on the 6th Floor.
Read: "How to Serve Notice of Claim"