Important Information about the 2024 National Corporate Transparency Act

Required Mailings under 307BCL and 253/254 VTL

Our Mailing Service saves you time and provides assurance that it will be done according to statute.

Servico assists you with the requirements to complete service according to Sections 307 BCL and 253/254 VTL.

Please see below for the appropriate statutes and proper procedures and contact our representatives to discuss your specific needs.

§ 307. Service of process on unauthorized foreign corporation.

(a) In any case in which a non-domiciliary would be subject to the personal or other jurisdiction of the courts of this state under article three of the civil practice law and rules, a foreign corporation not authorized to do business in this state is subject to a like jurisdiction. In any such case, process against such foreign corporation may be served upon the secretary of state as its agent. Such process may issue in any court in this state having jurisdiction of the subject.

(b) Service of such process upon the secretary of state shall be made by personally delivering to and leaving with him or his deputy, or with any person authorized by the secretary of state to receive such service, at the office of the department of state in the city of Albany, a copy of such process together with the statutory fee, which fee shall be a taxable disbursement. Such service shall be sufficient if notice thereof and a copy of the process are:

(1) Delivered personally without this state to such foreign Corporation by a person and in the manner authorized to serve Process by law of the jurisdiction in which service is made,

Or

(2) Sent by or on behalf of the plaintiff to such foreign Corporation by registered mail with return receipt requested, at the post office address specified for the purpose of mailing process, on file in the department of state, or with any official or body performing the equivalent function, in the jurisdiction of its incorporation, or if no such address is there specified, to its registered or other office there specified, or if no such office is there specified, to the last address of such foreign corporation known to the plaintiff.

(c) 1. Where service of a copy of process was effected by personal service, proof of service shall be by affidavit of compliance with this section filed, together with the process, within thirty days after such service, with the clerk of the court in which the action or special proceeding is pending. Service of process shall be complete ten days after such papers are filed with the clerk of the court.

2. Where service of a copy of process was effected by mailing in accordance with this section, proof of service shall be by affidavit of compliance with this section filed, together with the process, within thirty days after receipt of the return receipt signed by the foreign corporation, or other official proof of delivery or of the original envelope mailed. If a copy of the process is mailed in accordance with this section, there shall be filed with the affidavit of compliance either the return receipt signed by such foreign corporation or other official proof of delivery or, if acceptance was refused by it, the original envelope with a notation by the postal authorities that acceptance as refused. If acceptance was refused, a copy of the notice and process together with notice of the mailing by registered mail and refusal to accept shall be promptly sent to such foreign corporation at the same address by ordinary mail and the affidavit of compliance shall so state. Service of process shall be complete ten days after such papers are filed with the clerk of the court. The refusal to accept delivery of the registered mail or to sign the return receipt shall not affect the validity of the service and such foreign corporation refusing to accept such registered mail shall be charged with knowledge of the contents thereof. (d) Service made as provided in this section shall have the same force as personal service made within this state. (e) Nothing in this section shall affect the right to serve process in any other manner permitted by law.

§ 253. Service of summons on non-residents.

1) The use or operation by a non-resident  of  a vehicle in this state, or the use or operation in  this state of a vehicle in the business of a non-resident, or the use or operation in this state of a vehicle owned by a non-resident if so  used or  operated  with  his  permission, express or implied, shall be deemed equivalent to an appointment by such non-resident of  the  secretary  of state  to  be  his  true and lawful attorney upon whom may be served the summons in any action against  him,  growing  out  of  any  accident  or collision  in  which  such  non-resident  may be involved while using or operating such vehicle in this state or in which  such  vehicle  may  be involved  while  being used or operated in this state in the business of such non-resident or with the permission, express or  implied,  of  such non-resident  owner;  and  such  use  or  operation  shall  be  deemed a signification of his agreement that any such summons against  him  which is  so served shall be of the same legal force and validity as if served on  him  personally  within  the  state  and  within   the   territorial jurisdiction  of  the court from which the summons issues, and that such appointment of the secretary of state shall be irrevocable  and  binding upon  his  executor  or  administrator. Where such non-resident has died prior to the commencement of an action brought pursuant to this section, service of process shall be made on the  executor  or  administrator  of such  non-resident  in  the  same  manner  and  on the same notice as is provided in the case of the non-resident himself. Where  an  action  has been  duly  commenced  under  the  provisions  of this section against a non-resident who dies thereafter, the court must allow the action to  be continued  against  his  executor or administrator upon motion with such notice as the court deems proper.

2) A summons in an action described in this section may issue  in  any court  in  the  state  having  jurisdiction of the subject matter and be served as hereinafter provided. Service of such summons shall be made by mailing a copy thereof to the secretary of state at his  office  in  the city of Albany, or by personally delivering a copy thereof to one of his regularly  established  offices,  with  a  fee  of ten dollars, and such service shall be sufficient service upon such non-resident provided that notice of such service and a copy  of  the  summons  and  complaint  are forthwith  sent  by  or  on  behalf of the plaintiff to the defendant by certified mail or registered mail with  return  receipt  requested.  The plaintiff  shall file with the clerk of the court in which the action is pending, or with the judge or justice of such court in case there be  no clerk,  an  affidavit  of compliance herewith, a copy of the summons and complaint, and either a return receipt purporting to be  signed  by  the defendant  or  a  person  qualified  to  receive  his  certified mail or registered mail, in  accordance  with  the  rules  and  customs  of  the post-office  department;  or, if acceptance was refused by the defendant or his agent, the original envelope bearing a  notation  by  the  postal authorities  that  receipt was refused, and an affidavit by or on behalf of the plaintiff that notice of such mailing and refusal  was  forthwith sent  to  the  defendant  by  ordinary  mail;  or,  if the registered or certified letter was returned to the post office unclaimed, the original envelope bearing a notation by the postal authorities  of  such  mailing and  return,  an  affidavit  by  or  on behalf of the plaintiff that the summons  was  posted  again  by  ordinary  mail  and  proof  of  mailing certificate  of  ordinary mail. Where the summons is mailed to a foreign country, other official proof of the delivery of the mail may  be  filed in  case  the  post-office department is unable to obtain such a return receipt. The foregoing papers shall be filed within  thirty  days  after the  return  receipt or other official proof of delivery or the original envelope bearing a notation of refusal, as the case may be, is  received by  the plaintiff. Service of process shall be complete when such papers are filed. The return receipt or other official proof of delivery  shall constitute  presumptive evidence that the summons mailed was received by the  defendant  or  a  person qualified to receive his certified mail or registered  mail;  and  the  notation  of   refusal   shall   constitute presumptive evidence that the refusal was by the defendant or his agent. Service  of  such  summons also may be made by mailing a copy thereof to the secretary of state at his office  in  the  city  of  Albany,  or  by personally delivering a copy thereof to one of his regularly established offices,  with  a fee of ten dollars, and by delivering a duplicate copy thereof with the complaint annexed thereto, to the defendant  personally without the state by a resident or citizen of the state of New York or a sheriff,  under-sheriff,  deputy-sheriff  or  constable of the county or other political subdivision in which the personal service is made, or an officer authorized by the laws of this state, to  take  acknowledgements of  deeds  to be recorded in this state, or an attorney and/or counselor at law, solicitor, advocate or barrister duly qualified to  practice  in the  state  or country where such service is made, or by a United States marshall or deputy United States marshall.  Proof  of  personal  service without  the  state  shall be filed with the clerk of the court in which the action is pending within thirty days after  such  service.  Personal service  without  the state is complete when proof thereof is filed. The court in which the action is pending may order such extensions as may be necessary to afford the defendant reasonable opportunity to  defend  the action.

3) As  used  in  this  section,  the  term  “vehicle”  means a “motor vehicle,” “motorcycle,”  “semitrailer,”  and  “trailer”  as  defined  in sections  one hundred twenty-five, one hundred twenty-three, one hundred forty-three and one hundred fifty-six, respectively,  of  this  chapter, whether or not such vehicles are used or operated upon a public highway.

§ 254. Service  of  summons  on residents

Who depart from state and on residents’ executors or  administrators  who  are  nonresidents  or  who depart from state.  The provisions of section two hundred fifty-three of this  chapter  shall  also  apply (a) to a resident who departs from the state subsequent  to  the  accident  or  collision  and  remains  absent therefrom for thirty days continuously, whether such absence is intended to  be  temporary  or permanent, and to any executor or administrator of such resident, and (b) to an executor or administrator of a resident  if such executor or administrator is a nonresident or if, being a resident, he  departs  from the state and remains absent therefrom for thirty days continuously, whether such  absence  is  intended  to  be  temporary  or permanent.