State Codes and Statutes

Statutes > New-york > Rpp > Article-12-a > 442-g

§  442-g.  Nonresident  licensees.  1. A nonresident of this state may  become a real estate broker or a real estate salesman by  conforming  to  all  of the provisions of this article, except that a nonresident broker  regularly engaged in the real estate  business  as  a  vocation  who  is  licensed  and  maintains  a definite place of business in another state,  which offers the same privileges to the licensed brokers of this  state,  shall not be required to maintain a place of business within this state.  Anything  to the contrary herein notwithstanding, if any state prohibits  or restricts the right of a resident of this state to become a  licensed  nonresident  real estate broker or salesman, then the issuance of such a  license to an applicant  resident  in  such  state  shall  be  similarly  restricted.   The department of state shall recognize the license issued  to a real estate broker or salesman by another state  as  satisfactorily  qualifying  him  for  license as broker or salesman, as the case may be,  under this section; provided that the laws of the state of which he is a  resident require that applicants for licenses as real estate brokers and  salesmen shall establish their competency by  written  examinations  but  permit  licenses to be issued to residents of the State of New York duly  licensed under this article, without examination. If the applicant is  a  resident  of  a  state which has not such requirement then the applicant  must meet  the  examination  requirement  as  provided  herein  and  the  department  of state shall issue a license to such nonresident broker or  salesman upon payment of the license fee and the filing by the applicant  with the department of a  certified  copy  of  the  applicant's  license  issued by such other state.    2.  Every  nonresident  applicant  shall  file with his application or  renewal application an irrevocable consent on a form prescribed  by  the  department of state submitting himself to the jurisdiction of the courts  of this state and designating the secretary of state of the state of New  York as his agent upon whom may be served any summons, subpoena or other  process  against  him in any action or special proceeding.  Such process  may issue in any court in this state having jurisdiction of the  subject  matter,  and  the  process  shall  set  forth that the action or special  proceeding is within the jurisdiction of the court.    3. 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,  duplicate  copies of such process together with a fee of five dollars if  the action is solely for the recovery of a sum of money not in excess of  two hundred dollars and the process is so endorsed, and  a  fee  of  ten  dollars  in any other action or proceeding, which fee shall be a taxable  disbursement.  If such process is served upon behalf of a county,  city,  town or village, or other political subdivision of the state, the fee to  be paid to the secretary of state shall be five dollars, irrespective of  the amount involved or the nature of the action on account of which such  service  of  process  is  made.  If  the  cost  of  registered  mail for  transmitting a  copy  of  the  process  shall  exceed  two  dollars,  an  additional  fee  equal  to  such excess shall be paid at the time of the  service of such process.   Proof of service shall  be  by  affidavit  of  compliance  with this subdivision filed by or on behalf of the plaintiff  together with the process, within ten days after such service, with  the  clerk of the court in which the action or special proceeding is pending.  Service  made  as  provided  in  this section shall be complete ten days  after such papers are filed with the clerk of the court and  shall  have  the  same  force  and validity as if served on him personally within the  state and within the territorial jurisdiction of the  court  from  which  the process issues.4.  The  secretary  of state shall promptly send one of such copies by  registered mail, return receipt requested, to the nonresident broker  or  nonresident  salesman  at  the post office address of his main office as  set forth in the last application filed by him.    5.  Nothing in this section shall effect the right to serve process in  any other manner permitted by law.

State Codes and Statutes

Statutes > New-york > Rpp > Article-12-a > 442-g

§  442-g.  Nonresident  licensees.  1. A nonresident of this state may  become a real estate broker or a real estate salesman by  conforming  to  all  of the provisions of this article, except that a nonresident broker  regularly engaged in the real estate  business  as  a  vocation  who  is  licensed  and  maintains  a definite place of business in another state,  which offers the same privileges to the licensed brokers of this  state,  shall not be required to maintain a place of business within this state.  Anything  to the contrary herein notwithstanding, if any state prohibits  or restricts the right of a resident of this state to become a  licensed  nonresident  real estate broker or salesman, then the issuance of such a  license to an applicant  resident  in  such  state  shall  be  similarly  restricted.   The department of state shall recognize the license issued  to a real estate broker or salesman by another state  as  satisfactorily  qualifying  him  for  license as broker or salesman, as the case may be,  under this section; provided that the laws of the state of which he is a  resident require that applicants for licenses as real estate brokers and  salesmen shall establish their competency by  written  examinations  but  permit  licenses to be issued to residents of the State of New York duly  licensed under this article, without examination. If the applicant is  a  resident  of  a  state which has not such requirement then the applicant  must meet  the  examination  requirement  as  provided  herein  and  the  department  of state shall issue a license to such nonresident broker or  salesman upon payment of the license fee and the filing by the applicant  with the department of a  certified  copy  of  the  applicant's  license  issued by such other state.    2.  Every  nonresident  applicant  shall  file with his application or  renewal application an irrevocable consent on a form prescribed  by  the  department of state submitting himself to the jurisdiction of the courts  of this state and designating the secretary of state of the state of New  York as his agent upon whom may be served any summons, subpoena or other  process  against  him in any action or special proceeding.  Such process  may issue in any court in this state having jurisdiction of the  subject  matter,  and  the  process  shall  set  forth that the action or special  proceeding is within the jurisdiction of the court.    3. 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,  duplicate  copies of such process together with a fee of five dollars if  the action is solely for the recovery of a sum of money not in excess of  two hundred dollars and the process is so endorsed, and  a  fee  of  ten  dollars  in any other action or proceeding, which fee shall be a taxable  disbursement.  If such process is served upon behalf of a county,  city,  town or village, or other political subdivision of the state, the fee to  be paid to the secretary of state shall be five dollars, irrespective of  the amount involved or the nature of the action on account of which such  service  of  process  is  made.  If  the  cost  of  registered  mail for  transmitting a  copy  of  the  process  shall  exceed  two  dollars,  an  additional  fee  equal  to  such excess shall be paid at the time of the  service of such process.   Proof of service shall  be  by  affidavit  of  compliance  with this subdivision filed by or on behalf of the plaintiff  together with the process, within ten days after such service, with  the  clerk of the court in which the action or special proceeding is pending.  Service  made  as  provided  in  this section shall be complete ten days  after such papers are filed with the clerk of the court and  shall  have  the  same  force  and validity as if served on him personally within the  state and within the territorial jurisdiction of the  court  from  which  the process issues.4.  The  secretary  of state shall promptly send one of such copies by  registered mail, return receipt requested, to the nonresident broker  or  nonresident  salesman  at  the post office address of his main office as  set forth in the last application filed by him.    5.  Nothing in this section shall effect the right to serve process in  any other manner permitted by law.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Rpp > Article-12-a > 442-g

§  442-g.  Nonresident  licensees.  1. A nonresident of this state may  become a real estate broker or a real estate salesman by  conforming  to  all  of the provisions of this article, except that a nonresident broker  regularly engaged in the real estate  business  as  a  vocation  who  is  licensed  and  maintains  a definite place of business in another state,  which offers the same privileges to the licensed brokers of this  state,  shall not be required to maintain a place of business within this state.  Anything  to the contrary herein notwithstanding, if any state prohibits  or restricts the right of a resident of this state to become a  licensed  nonresident  real estate broker or salesman, then the issuance of such a  license to an applicant  resident  in  such  state  shall  be  similarly  restricted.   The department of state shall recognize the license issued  to a real estate broker or salesman by another state  as  satisfactorily  qualifying  him  for  license as broker or salesman, as the case may be,  under this section; provided that the laws of the state of which he is a  resident require that applicants for licenses as real estate brokers and  salesmen shall establish their competency by  written  examinations  but  permit  licenses to be issued to residents of the State of New York duly  licensed under this article, without examination. If the applicant is  a  resident  of  a  state which has not such requirement then the applicant  must meet  the  examination  requirement  as  provided  herein  and  the  department  of state shall issue a license to such nonresident broker or  salesman upon payment of the license fee and the filing by the applicant  with the department of a  certified  copy  of  the  applicant's  license  issued by such other state.    2.  Every  nonresident  applicant  shall  file with his application or  renewal application an irrevocable consent on a form prescribed  by  the  department of state submitting himself to the jurisdiction of the courts  of this state and designating the secretary of state of the state of New  York as his agent upon whom may be served any summons, subpoena or other  process  against  him in any action or special proceeding.  Such process  may issue in any court in this state having jurisdiction of the  subject  matter,  and  the  process  shall  set  forth that the action or special  proceeding is within the jurisdiction of the court.    3. 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,  duplicate  copies of such process together with a fee of five dollars if  the action is solely for the recovery of a sum of money not in excess of  two hundred dollars and the process is so endorsed, and  a  fee  of  ten  dollars  in any other action or proceeding, which fee shall be a taxable  disbursement.  If such process is served upon behalf of a county,  city,  town or village, or other political subdivision of the state, the fee to  be paid to the secretary of state shall be five dollars, irrespective of  the amount involved or the nature of the action on account of which such  service  of  process  is  made.  If  the  cost  of  registered  mail for  transmitting a  copy  of  the  process  shall  exceed  two  dollars,  an  additional  fee  equal  to  such excess shall be paid at the time of the  service of such process.   Proof of service shall  be  by  affidavit  of  compliance  with this subdivision filed by or on behalf of the plaintiff  together with the process, within ten days after such service, with  the  clerk of the court in which the action or special proceeding is pending.  Service  made  as  provided  in  this section shall be complete ten days  after such papers are filed with the clerk of the court and  shall  have  the  same  force  and validity as if served on him personally within the  state and within the territorial jurisdiction of the  court  from  which  the process issues.4.  The  secretary  of state shall promptly send one of such copies by  registered mail, return receipt requested, to the nonresident broker  or  nonresident  salesman  at  the post office address of his main office as  set forth in the last application filed by him.    5.  Nothing in this section shall effect the right to serve process in  any other manner permitted by law.