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New York Business Corporations Law Section 304 - Statutory Designation Of Secretary Of State As Agent For Service Of Process.

Legal Research Home > New York Lawyer > Business Corporations > New York Business Corporations Law Section 304 - Statutory Designation Of Secretary Of State As Agent For Service Of Process.

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    § 304. Statutory  designation  of  secretary  of  state  as  agent for
  service of process.
    (a) The secretary of state  shall  be  the  agent  of  every  domestic
  corporation  and  every authorized foreign corporation upon whom process
  against the corporation may be served.
    (b) No domestic or foreign corporation may be formed or authorized  to
  do  business  in this state under this chapter unless in its certificate
  of  incorporation  or  application  for  authority  it  designates   the
  secretary of state as such agent.
    (c) Any  designation  by  a  domestic  or a foreign corporation of the
  secretary of state as such agent, which designation is in effect on  the
  effective  date  of  this  chapter,  shall  continue.  Every domestic or
  foreign corporation, existing or authorized on  the  effective  date  of
  this  chapter,  which  has not designated the secretary of state as such
  agent, shall be deemed to have done so. Any  designation  prior  to  the
  effective  date  of  this  chapter  by a foreign corporation of an agent
  other than the secretary of state shall terminate on the effective  date
  of this chapter.
    (d) Any designated post-office address to which the secretary of state
  shall  mail  a  copy  of  process served upon him as agent of a domestic
  corporation or a foreign corporation, shall continue until the filing of
  a certificate under this chapter directing the mailing  to  a  different
  post-office address.

Last modified: August 10, 2006