New York LLC Code § 301-A

Resignation for receipt of process
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301-A. Resignation for receipt of process. (a) The party (or his/her\nlegal representative) whose post office address has been supplied by a\ndomestic limited liability company or foreign limited liability company\nas its address for process may resign. A certificate entitled\n"Certificate of Resignation for Receipt of Process under section 301-A\nof the Limited Liability Company Law" shall be signed by such party and\ndelivered to the department of state. It shall set forth:\n  (1) the name of the limited liability company and the date that its\narticles of organization or application for authority was filed by the\ndepartment of state.\n  (2) that the address of the party has been designated by the limited\nliability company as the post office address to which the secretary of\nstate shall mail a copy of any process served on the secretary of state\nas agent for such limited liability company, and that such party wishes\nto 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 designated\nlimited liability company, if other than the party filing the\ncertificate of resignation, for receipt of process, or if the resigning\nlimited liability company has no registered agent, then to the last\naddress of the designated limited liability company known to the party,\nspecifying the address to which the copy was sent. If there is no\nregistered agent and no known address of the designating limited\nliability company, the party shall attach an affidavit to the\ncertificate stating that a diligent but unsuccessful search was made by\nthe party to locate the limited liability company, specifying what\nefforts were made.\n  (4) that the designated limited liability company is required to\ndeliver to the department of state a certificate of amendment or change\nproviding for the designation by the limited liability company of a new\naddress, and that upon its failure to file such certificate its\nauthority to do business in this state shall be suspended.\n  (b) Upon the failure of the designating limited liability company to\nfile a certificate of amendment or certificate of change providing for\nthe designation by the limited liability company of the new address\nafter the filing of a certificate of resignation for receipt of process\nwith the secretary of state, its authority to do business in this state\nshall be suspended.\n  (c) The filing by the department of state of a certificate of\namendment or certificate of change or the filing of a statement under\nsection three hundred one of this article providing for a new address by\na designating limited liability company shall annul the suspension and\nits authority to do business in this state shall be restored and\ncontinued 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 limited liability company suspended\npursuant to this section would be subject to the personal or other\njurisdiction of the courts of this state under article three of the\ncivil practice law and rules, process against such limited liability\ncompany may be served upon the secretary of state as its agent pursuant\nto this section. Such process may be issued in any court in this state\nhaving jurisdiction of the subject matter.\n  (2) Service of such process upon the secretary of state shall be made\nby personally delivering to and leaving with him or his deputy, or with\nany person authorized by the secretary of state to receive such service,\nat the office of the department of state in the city of Albany, a copy\nof such process together with the statutory fee, which fee shall be a\ntaxable disbursement. Suc

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