§ 306-A. Resignation for receipt of process.\n (a) The party (or his/her legal representative) whose post office\naddress has been supplied by a domestic corporation or authorized\nforeign corporation as its address for process may resign. A certificate\nentitled "Certificate of Resignation for Receipt of Process under\nSection 306-A of the Business Corporation Law" shall be signed by such\nparty and delivered to the department of state. It shall set forth:\n (1) The name of the corporation and the date that its certificate of\nincorporation or application of authority was filed by the department of\nstate.\n (2) That the address of the party has been designated by the\ncorporation as the post office address to which the secretary of state\nshall mail a copy of any process served on the secretary of state as\nagent for such corporation, and that such party wishes to resign.\n (3) That sixty days prior to the filing of the certificate of\nresignation with the department of state the party has sent a copy of\nthe certificate of resignation for receipt of process by registered or\ncertified mail to the address of the registered agent of the designating\ncorporation, if other than the party filing the certificate of\nresignation, for receipt of process, or if the resigning corporation has\nno registered agent, then to the last address of the designating\ncorporation known to the party, specifying the address to which the copy\nwas sent. If there is no registered agent and no known address of the\ndesignating corporation, the party shall attach an affidavit to the\ncertificate stating that a diligent but unsuccessful search was made by\nthe party to locate the corporation, specifying what efforts were made.\n (4) That the designating corporation is required to deliver to the\ndepartment of state a certificate of amendment or change providing for\nthe designation by the corporation of a new address and that upon its\nfailure to file such certificate, its authority to do business in this\nstate shall be suspended, unless the corporation has previously filed a\nbiennial statement under section four hundred eight of this chapter, in\nwhich case the address of the principal executive office stated in the\nlast filed biennial statement shall constitute the new address for\nprocess of the corporation, and no such certificate of amendment or\nchange need be filed.\n (b) Upon the failure of the designating corporation to file a\ncertificate of amendment or change providing for the designation by the\ncorporation of the new address after the filing of a certificate of\nresignation for receipt of process with the secretary of state, its\nauthority to do business in this state shall be suspended unless the\ncorporation has previously filed a statement under section four hundred\neight of this chapter, in which case the address of the principal\nexecutive office stated in the last filed statement, shall constitute\nthe new address for process of the corporation provided such address is\ndifferent from the previous address for process, and the corporation\nshall not be deemed suspended.\n (c) The filing by the department of state of a certificate of\namendment or change or statement under section four hundred eight of\nthis chapter providing for a new address by a designating corporation\nshall annul the suspension and its authority to do business in this\nstate shall be restored and continue as if no suspension had occurred.\n (d) The resignation for receipt of process shall become effective upon\nthe filing by the department of state of a certificate of resignation\nfor receipt of process.\n (e) (1) In any case in which a corporation suspended pursuant to this\nsection would be subject to the personal or other jurisdiction of the\ncourts of this state under article three of the civil practice law and\nrules, process against such corporation may be served upon the secretary\nof state as its agent pursuant to this section. Such process
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