State Codes and Statutes

Statutes > New-york > Bnk > Article-5 > 207

§ 207.  Service  of  process on unlicensed corporation formed under laws            other than the statutes of this state.    1. Every corporation formed under laws other than the statutes of this  state which is required by this chapter to obtain  a  license  from  the  superintendent,  and  which itself or through an agent does any business  in this  state  for  which  such  license  is  required  either  without  obtaining  such  license or after the revocation thereof, submits itself  to the jurisdiction of the courts of this state and is  deemed  to  have  designated  the superintendent as its agent upon whom process against it  may be served, in any action or special proceeding arising out of or  in  connection  with  the  doing of such business. Such process may issue in  any court in this state having jurisdiction of the subject matter.    2. Service of such process upon the superintendent shall  be  made  by  personally delivering to and leaving with him or his deputy, or with any  person  authorized by the superintendent to receive such service, at the  office of the superintendent, 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:    (a) Delivered personally without this state to  such  foreign  banking  corporation by a person and in the manner authorized to serve process by  law in the jurisdiction in which service is made, or    (b)  Sent  by  or  on  behalf of the plaintiff to such foreign banking  corporation by registered mail with return  receipt  requested,  at  the  post  office  address  specified  for the purpose of mailing process, on  file in the banking department, 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 banking corporation known to the plaintiff.    3.  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. 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 banking 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 was 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  banking  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  banking  corporation  refusing  to  accept  such registered mail shall be charged  with knowledge of the contents thereof.    4. Service made as provided in this section shall have the same  force  as personal service made within this state.    5.  Nothing in this section shall affect the right to serve process in  any other manner permitted by law.    6. The banking department shall keep a record of each  process  served  upon  the  superintendent  under  this  section,  including  the date of  service. It shall, upon request made within ten years of  such  service,  issue  a  certificate under its seal certifying as to the receipt of the  service by an authorized person, the date and place of such service  and  the receipt of the statutory fee. Process served upon the superintendentunder this section shall be destroyed by him after a period of ten years  from such service.

State Codes and Statutes

Statutes > New-york > Bnk > Article-5 > 207

§ 207.  Service  of  process on unlicensed corporation formed under laws            other than the statutes of this state.    1. Every corporation formed under laws other than the statutes of this  state which is required by this chapter to obtain  a  license  from  the  superintendent,  and  which itself or through an agent does any business  in this  state  for  which  such  license  is  required  either  without  obtaining  such  license or after the revocation thereof, submits itself  to the jurisdiction of the courts of this state and is  deemed  to  have  designated  the superintendent as its agent upon whom process against it  may be served, in any action or special proceeding arising out of or  in  connection  with  the  doing of such business. Such process may issue in  any court in this state having jurisdiction of the subject matter.    2. Service of such process upon the superintendent shall  be  made  by  personally delivering to and leaving with him or his deputy, or with any  person  authorized by the superintendent to receive such service, at the  office of the superintendent, 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:    (a) Delivered personally without this state to  such  foreign  banking  corporation by a person and in the manner authorized to serve process by  law in the jurisdiction in which service is made, or    (b)  Sent  by  or  on  behalf of the plaintiff to such foreign banking  corporation by registered mail with return  receipt  requested,  at  the  post  office  address  specified  for the purpose of mailing process, on  file in the banking department, 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 banking corporation known to the plaintiff.    3.  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. 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 banking 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 was 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  banking  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  banking  corporation  refusing  to  accept  such registered mail shall be charged  with knowledge of the contents thereof.    4. Service made as provided in this section shall have the same  force  as personal service made within this state.    5.  Nothing in this section shall affect the right to serve process in  any other manner permitted by law.    6. The banking department shall keep a record of each  process  served  upon  the  superintendent  under  this  section,  including  the date of  service. It shall, upon request made within ten years of  such  service,  issue  a  certificate under its seal certifying as to the receipt of the  service by an authorized person, the date and place of such service  and  the receipt of the statutory fee. Process served upon the superintendentunder this section shall be destroyed by him after a period of ten years  from such service.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Bnk > Article-5 > 207

§ 207.  Service  of  process on unlicensed corporation formed under laws            other than the statutes of this state.    1. Every corporation formed under laws other than the statutes of this  state which is required by this chapter to obtain  a  license  from  the  superintendent,  and  which itself or through an agent does any business  in this  state  for  which  such  license  is  required  either  without  obtaining  such  license or after the revocation thereof, submits itself  to the jurisdiction of the courts of this state and is  deemed  to  have  designated  the superintendent as its agent upon whom process against it  may be served, in any action or special proceeding arising out of or  in  connection  with  the  doing of such business. Such process may issue in  any court in this state having jurisdiction of the subject matter.    2. Service of such process upon the superintendent shall  be  made  by  personally delivering to and leaving with him or his deputy, or with any  person  authorized by the superintendent to receive such service, at the  office of the superintendent, 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:    (a) Delivered personally without this state to  such  foreign  banking  corporation by a person and in the manner authorized to serve process by  law in the jurisdiction in which service is made, or    (b)  Sent  by  or  on  behalf of the plaintiff to such foreign banking  corporation by registered mail with return  receipt  requested,  at  the  post  office  address  specified  for the purpose of mailing process, on  file in the banking department, 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 banking corporation known to the plaintiff.    3.  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. 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 banking 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 was 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  banking  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  banking  corporation  refusing  to  accept  such registered mail shall be charged  with knowledge of the contents thereof.    4. Service made as provided in this section shall have the same  force  as personal service made within this state.    5.  Nothing in this section shall affect the right to serve process in  any other manner permitted by law.    6. The banking department shall keep a record of each  process  served  upon  the  superintendent  under  this  section,  including  the date of  service. It shall, upon request made within ten years of  such  service,  issue  a  certificate under its seal certifying as to the receipt of the  service by an authorized person, the date and place of such service  and  the receipt of the statutory fee. Process served upon the superintendentunder this section shall be destroyed by him after a period of ten years  from such service.