BILL NUMBER: S7471
SPONSOR: HOYLMAN-SIGAL
TITLE OF BILL:
An act to amend the business corporation law, the executive law, the
general associations law, the limited liability company law, the not-
for-profit corporation law, the partnership law, the tax law, the admin-
istrative code of the city of New York, the real property law, the
general business law, the navigation law, and the vehicle and traffic
law, in relation to expanding service of process to the department of
state in the city of New York
PURPOSE:
The purpose of this bill is to allow service of process on the
Secretary of State in New York City in addition to Albany.
SUMMARY OF SPECIFIC PROVISIONS:
This bill would amend various sections of law to allow service of proc-
ess on the Secretary of State at the New York City office of the Depart-
ment of State in addition to the Department of State's Albany office.
JUSTIFICATION:
Currently, persons or entities bringing suit against a corporation may
serve the legal papers on the Secretary of State as the agent for the
defendant corporate entity. The Secretary must then mail copies of such
process documents to the defendant entity. There are many offices for
the Secretary of State located throughout New York State. However, the
only location that accepts service of process for the Secretary of State
is the Albany office of the Department of State. This creates a hard-
ship for persons located the southern areas, of the state where there is
a significant concentration of courts, businesses and commerce. By
allowing service of process on the Secretary of State in New York City
corporations, municipalities and litigants located close to the city
will save time and money.
LEGISLATIVE HISTORY:
S.5404 of 2023-2024 (Hoylman-Sigal): Died in Corporations, Authorities,
and Commissions
A.3419 of 2023-2024 (Dinowitz): Died in Judiciary
S.1728 OF 2021-2022 (Hoylman): Passed Senate / Died in Assembly / Died
in Corporations, Authorities & Commissions
A.1488 of 2021-2022 (Dinowitz): Died in Judiciary
S.3348 of 2019-2020 (Hoylman): Died in Ways and Means
A.3300 of 2019-2020 (Dinowitz): Died in Ways and Means
S.8631 of 2018 (Lanza): Died in Corporations, Authorities and Commis-
sions
FISCAL IMPLICATIONS:
Unknown, to be determined.
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law.
Statutes affected: S7471: 172-c executive law, 172-c(2) executive law, 173-c executive law, 173-c(2) executive law, 19 general associations law, 304 limited liability company law, 121-104-A partnership law, 121-109 partnership law, 121-1505 partnership law, 121-1506 partnership law, 203 tax law, 203(2) tax law, 310 tax law, 511 tax law, 511(5) tax law, 301-A limited liability company law, 303 limited liability company law, 306-a business corporation law, 307 business corporation law, 339-n real property law, 339-n(7) real property law, 442-g real property law, 442-g(3) real property law, 250 general business law, 250(2) general business law, 352-b general business law, 352-b(2) general business law, 48 navigation law, 48(2) navigation law, 74 navigation law, 74(2) navigation law, 253 vehicle and traffic law, 253(2) vehicle and traffic law