Shown verbatim: the complete text as captured from the official source posted by the New York State Senate, fetched 2026-08-11. Nothing is edited or removed. Where this bill amends existing law, language marked for deletion in the official source appears here in brackets. The official bill page.
S T A T E O F N E W Y O R K
________________________________________________________________________
11390
I N A S S E M B L Y
May 15, 2026
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Braunstein)
-- (at request of the Department of State) -- read once and referred
to the Committee on Corporations, Authorities and Commissions
AN ACT to amend the business corporation law, general associations law,
limited liability company law, not-for-profit corporation law, part-
nership law and real property law, in relation to electronic service
of process
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The opening paragraph of subparagraph 1 of paragraph (b) of
section 306 of the business corporation law, as amended by section 2 of
part KK of chapter 56 of the laws of 2021, is amended and a new clause
(iii) is added to read as follows:
Service of process on the secretary of state as agent of a domestic or
authorized foreign corporation shall be made in the manner provided by
clause (i) [or], (ii) OR (III) of this subparagraph. [Either] EACH
option of service authorized pursuant to this subparagraph shall be
available at no extra cost to the consumer.
(III) PROVIDED PROCESS IS SERVED BY OR ON BEHALF OF THE STATE OR A
CITY, TOWN, VILLAGE OR OTHER POLITICAL SUBDIVISION OF THE STATE, BY
ELECTRONICALLY SUBMITTING A COPY OF THE PROCESS TO THE DEPARTMENT OF
STATE, THROUGH AN ELECTRONIC SYSTEM OPERATED BY AND WITH CAPABILITIES
DETERMINED BY THE DEPARTMENT OF STATE, TOGETHER WITH THE STATUTORY FEE,
IF REQUIRED, WHICH FEE SHALL BE A TAXABLE DISBURSEMENT. SERVICE OF PROC-
ESS ON SUCH CORPORATION SHALL BE COMPLETE WHEN THE SECRETARY OF STATE
HAS REVIEWED AND ACCEPTED SERVICE OF SUCH PROCESS. THE SECRETARY OF
STATE SHALL PROMPTLY EITHER: (A) SEND A COPY OF SUCH PROCESS BY CERTI-
FIED MAIL, RETURN RECEIPT REQUESTED, TO SUCH CORPORATION, AT THE POST
OFFICE ADDRESS, ON FILE IN THE DEPARTMENT OF STATE, SPECIFIED FOR THE
PURPOSE OR, IF A DOMESTIC OR AUTHORIZED FOREIGN CORPORATION HAS NO SUCH
ADDRESS ON FILE IN THE DEPARTMENT OF STATE, THE SECRETARY OF STATE SHALL
SO MAIL SUCH COPY, IN THE CASE OF A DOMESTIC CORPORATION, IN CARE OF ANY
DIRECTOR NAMED IN ITS CERTIFICATE OF INCORPORATION AT THE DIRECTOR'S
ADDRESS STATED THEREIN OR, IN THE CASE OF AN AUTHORIZED FOREIGN CORPO-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10422-01-5
A. 11390 2
RATION, TO SUCH CORPORATION AT THE ADDRESS OF ITS OFFICE WITHIN THIS
STATE ON FILE IN THE DEPARTMENT; OR (B) EMAIL A NOTICE OF THE FACT THAT
PROCESS AGAINST THE CORPORATION HAS BEEN SERVED ELECTRONICALLY ON THE
SECRETARY OF STATE TO THE EMAIL ADDRESS ON FILE IN THE DEPARTMENT OF
STATE, SPECIFIED FOR THE PURPOSE AND SHALL MAKE A COPY OF THE PROCESS
AVAILABLE TO SUCH CORPORATION.
§ 2. Section 19 of the general associations law, as amended by section
16 of part KK of chapter 56 of the laws of 2021, is amended to read as
follows:
§ 19. Service of process. Service of process against an association
upon the secretary of state shall be made in the manner provided by
subdivision one [or], two OR THREE of this section. [Either] EACH option
of service authorized pursuant to this section shall be available at no
extra cost to the consumer.
[(1)] 1. Personally delivering to and leaving with [him or her] THE
SECRETARY OF STATE or with a person authorized by the secretary of state
to receive such service, duplicate copies of such process at the office
of the department of state in the city of Albany. At the time of such
service the plaintiff shall pay a fee of forty dollars to the secretary
of state which shall be a taxable disbursement. The secretary of state
shall promptly send by certified mail one of such copies to the associ-
ation at the address fixed for that purpose, as herein provided.
[(2)] 2. Electronically submitting a copy of the process to the
department of state together with the statutory fee, which fee shall be
a taxable disbursement, through an electronic system operated by the
department of state, provided the association has an email address on
file in the department of state to which the secretary of state shall
email a notice of the fact that process has been served electronically
on the secretary of state. Service of process on such association shall
be complete when the secretary of state has reviewed and accepted
service of such process. The secretary of state shall promptly send a
notice of the fact that process against such association has been served
electronically upon [him or her] THE SECRETARY OF STATE, to such associ-
ation at the email address on file in the department of state, specified
for the purpose and shall make a copy of the process available to such
association. If the action or proceeding is instituted in a court of
limited jurisdiction, service of process may be made in the manner
provided in this section if the cause of action arose within the terri-
torial jurisdiction of the court and the office of the defendant, as set
forth in its statement filed pursuant to section eighteen of this chap-
ter, is within such territorial jurisdiction.
3. PROVIDED PROCESS IS SERVED BY OR ON BEHALF OF THE STATE OR A CITY,
TOWN, VILLAGE OR OTHER POLITICAL SUBDIVISION OF THE STATE, BY ELECTRON-
ICALLY SUBMITTING A COPY OF THE PROCESS TO THE DEPARTMENT OF STATE,
THROUGH AN ELECTRONIC SYSTEM OPERATED BY AND WITH CAPABILITIES DETER-
MINED BY THE DEPARTMENT OF STATE, TOGETHER WITH THE STATUTORY FEE, IF
REQUIRED, WHICH FEE SHALL BE A TAXABLE DISBURSEMENT. SERVICE OF PROCESS
ON SUCH ASSOCIATION SHALL BE COMPLETE WHEN THE SECRETARY OF STATE HAS
REVIEWED AND ACCEPTED SERVICE OF SUCH PROCESS. THE SECRETARY OF STATE
SHALL PROMPTLY EITHER: (A) SEND A COPY OF SUCH PROCESS BY CERTIFIED
MAIL, RETURN RECEIPT REQUESTED, TO SUCH ASSOCIATION, AT THE POST OFFICE
ADDRESS, ON FILE IN THE DEPARTMENT OF STATE, SPECIFIED FOR THE PURPOSE;
OR (B) EMAIL A NOTICE OF THE FACT THAT PROCESS AGAINST THE ASSOCIATION
HAS BEEN SERVED ELECTRONICALLY ON THE SECRETARY OF STATE TO THE EMAIL
ADDRESS ON FILE IN THE DEPARTMENT OF STATE, SPECIFIED FOR THE PURPOSE
AND SHALL MAKE A COPY OF THE PROCESS AVAILABLE TO SUCH ASSOCIATION.
A. 11390 3
§ 3. The opening paragraph of subdivision (a) of section 303 of the
limited liability company law, as amended by section 21 of part KK of
chapter 56 of the laws of 2021, is amended and a new paragraph 3 is
added to read as follows:
Service of process on the secretary of state as agent of a domestic
limited liability company or authorized foreign limited liability compa-
ny shall be made in the manner provided by paragraph one [or], two OR
THREE of this subdivision. [Either] EACH option of service authorized
pursuant to this subdivision shall be available at no extra cost to the
consumer.
(3) PROVIDED PROCESS IS SERVED BY OR ON BEHALF OF THE STATE OR A CITY,
TOWN, VILLAGE OR OTHER POLITICAL SUBDIVISION OF THE STATE, BY ELECTRON-
ICALLY SUBMITTING A COPY OF THE PROCESS TO THE DEPARTMENT OF STATE,
THROUGH AN ELECTRONIC SYSTEM OPERATED BY AND WITH CAPABILITIES DETER-
MINED BY THE DEPARTMENT OF STATE, TOGETHER WITH THE STATUTORY FEE, IF
REQUIRED, WHICH FEE SHALL BE A TAXABLE DISBURSEMENT. SERVICE OF PROCESS
ON SUCH LIMITED LIABILITY COMPANY SHALL BE COMPLETE WHEN THE SECRETARY
OF STATE HAS REVIEWED AND ACCEPTED SERVICE OF SUCH PROCESS. THE SECRE-
TARY OF STATE SHALL PROMPTLY EITHER: (A) SEND A COPY OF SUCH PROCESS BY
CERTIFIED MAIL, RETURN RECEIPT REQUESTED, TO SUCH LIMITED LIABILITY
COMPANY, AT THE POST OFFICE ADDRESS, ON FILE IN THE DEPARTMENT OF STATE,
SPECIFIED FOR THE PURPOSE; OR (B) EMAIL A NOTICE OF THE FACT THAT PROC-
ESS AGAINST THE LIMITED LIABILITY COMPANY HAS BEEN SERVED ELECTRONICALLY
ON THE SECRETARY OF STATE TO THE EMAIL ADDRESS ON FILE IN THE DEPARTMENT
OF STATE, SPECIFIED FOR THE PURPOSE AND SHALL MAKE A COPY OF THE PROCESS
AVAILABLE TO SUCH LIMITED LIABILITY COMPANY.
§ 4. The opening paragraph of paragraph (b) of section 306 of the
not-for-profit corporation law, as amended by section 30 of part KK of
chapter 56 of the laws of 2021, is amended and a new subparagraph 3 is
added to read as follows:
Service of process on the secretary of state as agent of a domestic
corporation formed under article four of this chapter or an authorized
foreign corporation shall be made in the manner provided by subparagraph
one [or], two OR THREE of this paragraph.
(3) PROVIDED PROCESS IS SERVED BY OR ON BEHALF OF THE STATE OR A CITY,
TOWN, VILLAGE OR OTHER POLITICAL SUBDIVISION OF THE STATE, BY ELECTRON-
ICALLY SUBMITTING A COPY OF THE PROCESS TO THE DEPARTMENT OF STATE,
THROUGH AN ELECTRONIC SYSTEM OPERATED BY AND WITH CAPABILITIES DETER-
MINED BY THE DEPARTMENT OF STATE, TOGETHER WITH THE STATUTORY FEE, IF
REQUIRED, WHICH FEE SHALL BE A TAXABLE DISBURSEMENT. SERVICE OF PROCESS
ON SUCH CORPORATION SHALL BE COMPLETE WHEN THE SECRETARY OF STATE HAS
REVIEWED AND ACCEPTED SERVICE OF SUCH PROCESS. THE SECRETARY OF STATE
SHALL PROMPTLY EITHER: (A) SEND A COPY OF SUCH PROCESS BY CERTIFIED
MAIL, RETURN RECEIPT REQUESTED, TO SUCH CORPORATION, AT THE POST OFFICE
ADDRESS, ON FILE IN THE DEPARTMENT OF STATE, SPECIFIED FOR THE PURPOSE
OR, IF A DOMESTIC CORPORATION FORMED UNDER ARTICLE FOUR OF THIS CHAPTER
OR AN AUTHORIZED FOREIGN CORPORATION HAS NO SUCH ADDRESS ON FILE IN THE
DEPARTMENT OF STATE, THE SECRETARY OF STATE SHALL SO MAIL SUCH COPY TO
SUCH CORPORATION AT THE ADDRESS OF ITS OFFICE WITHIN THIS STATE ON FILE
IN THE DEPARTMENT; OR (B) EMAIL A NOTICE OF THE FACT THAT PROCESS
AGAINST THE CORPORATION HAS BEEN SERVED ELECTRONICALLY ON THE SECRETARY
OF STATE TO THE EMAIL ADDRESS ON FILE IN THE DEPARTMENT OF STATE, SPECI-
FIED FOR THE PURPOSE AND SHALL MAKE A COPY OF THE PROCESS AVAILABLE TO
SUCH CORPORATION.
§ 5. The opening paragraph of subdivision (a) of section 121-109 of
the partnership law, as amended by section 41 of part KK of chapter 56
A. 11390 4
of the laws of 2021, is amended and a new paragraph 3 is added to read
as follows:
Service of process on the secretary of state as agent of a domestic or
authorized foreign limited partnership shall be made in the manner
provided by paragraph one [or], two OR THREE of this subdivision.
[Either] EACH option of service authorized pursuant to this subdivision
shall be available at no extra cost to the consumer.
(3) PROVIDED PROCESS IS SERVED BY OR ON BEHALF OF THE STATE OR A CITY,
TOWN, VILLAGE OR OTHER POLITICAL SUBDIVISION OF THE STATE, BY ELECTRON-
ICALLY SUBMITTING A COPY OF THE PROCESS TO THE DEPARTMENT OF STATE,
THROUGH AN ELECTRONIC SYSTEM OPERATED BY AND WITH CAPABILITIES DETER-
MINED BY THE DEPARTMENT OF STATE, TOGETHER WITH THE STATUTORY FEE, IF
REQUIRED, WHICH FEE SHALL BE A TAXABLE DISBURSEMENT. SERVICE OF PROCESS
ON SUCH LIMITED PARTNERSHIP SHALL BE COMPLETE WHEN THE SECRETARY OF
STATE HAS REVIEWED AND ACCEPTED SERVICE OF SUCH PROCESS. THE SECRETARY
OF STATE SHALL PROMPTLY EITHER: (A) SEND A COPY OF SUCH PROCESS BY
CERTIFIED MAIL, RETURN RECEIPT REQUESTED, TO SUCH LIMITED PARTNERSHIP,
AT THE POST OFFICE ADDRESS, ON FILE IN THE DEPARTMENT OF STATE, SPECI-
FIED FOR THE PURPOSE; OR (B) EMAIL A NOTICE OF THE FACT THAT PROCESS
AGAINST THE LIMITED PARTNERSHIP HAS BEEN SERVED ELECTRONICALLY ON THE
SECRETARY OF STATE TO THE EMAIL ADDRESS ON FILE IN THE DEPARTMENT OF
STATE, SPECIFIED FOR THE PURPOSE AND SHALL MAKE A COPY OF THE PROCESS
AVAILABLE TO SUCH LIMITED PARTNERSHIP.
§ 6. The opening paragraph of subdivision (a) of section 121-1505 of
the partnership law, as amended by section 52 of part KK of chapter 56
of the laws of 2021, is amended and a new paragraph 3 is added to read
as follows:
Service of process on the secretary of state as agent of a registered
limited liability partnership or New York registered foreign limited
liability partnership under this article shall be made in the manner
provided by paragraph one [or], two OR THREE of this subdivision.
[Either] EACH option of service authorized pursuant to this subdivision
shall be available at no extra cost to the consumer.
(3) PROVIDED PROCESS IS SERVED BY OR ON BEHALF OF THE STATE OR A CITY,
TOWN, VILLAGE OR OTHER POLITICAL SUBDIVISION OF THE STATE, BY ELECTRON-
ICALLY SUBMITTING A COPY OF THE PROCESS TO THE DEPARTMENT OF STATE,
THROUGH AN ELECTRONIC SYSTEM OPERATED BY AND WITH CAPABILITIES DETER-
MINED BY THE DEPARTMENT OF STATE, TOGETHER WITH THE STATUTORY FEE, IF
REQUIRED, WHICH FEE SHALL BE A TAXABLE DISBURSEMENT. SERVICE OF PROCESS
ON SUCH LIMITED LIABILITY PARTNERSHIP SHALL BE COMPLETE WHEN THE SECRE-
TARY OF STATE HAS REVIEWED AND ACCEPTED SERVICE OF SUCH PROCESS. THE
SECRETARY OF STATE SHALL PROMPTLY EITHER: (A) SEND A COPY OF SUCH PROC-
ESS BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, TO SUCH REGISTERED
LIMITED LIABILITY PARTNERSHIP OR NEW YORK REGISTERED FOREIGN LIMITED
LIABILITY PARTNERSHIP, AT THE POST OFFICE ADDRESS, ON FILE IN THE
DEPARTMENT OF STATE, SPECIFIED FOR THE PURPOSE; OR (B) EMAIL A NOTICE OF
THE FACT THAT PROCESS AGAINST THE REGISTERED LIMITED LIABILITY PARTNER-
SHIP OR NEW YORK REGISTERED FOREIGN LIMITED LIABILITY PARTNERSHIP HAS
BEEN SERVED ELECTRONICALLY ON THE SECRETARY OF STATE TO THE EMAIL
ADDRESS ON FILE IN THE DEPARTMENT OF STATE, SPECIFIED FOR THE PURPOSE
AND SHALL MAKE A COPY OF THE PROCESS AVAILABLE TO SUCH REGISTERED LIMIT-
ED LIABILITY PARTNERSHIP OR NEW YORK REGISTERED FOREIGN LIMITED LIABIL-
ITY PARTNERSHIP.
§ 7. The opening paragraph of subdivision 7 of section 339-n of the
real property law, as amended by section 53 of part KK of chapter 56 of
A. 11390 5
the laws of 2021, is amended and a new paragraph (c) is added to read as
follows:
A designation of the secretary of state as agent of the corporation or
board of managers upon whom process against it may be served and the
post office address within or without this state to which the secretary
of state shall mail a copy of any process against it served upon [him or
her] THE SECRETARY OF STATE. The designation may include an email
address to which the secretary of state shall email a notice of the fact
that process against it has been electronically served upon [him or her]
THE SECRETARY OF STATE. Service of process on the secretary of state as
agent of such corporation or board of managers shall be made in the
manner provided by paragraph (a) [or], (b) OR (C) of this subdivision.
[Either] EACH option of service authorized pursuant to this subdivision
shall be available at no extra cost to the consumer.
(C) PROVIDED PROCESS IS SERVED BY OR ON BEHALF OF THE STATE OR A CITY,
TOWN, VILLAGE OR OTHER POLITICAL SUBDIVISION OF THE STATE, BY ELECTRON-
ICALLY SUBMITTING A COPY OF THE PROCESS TO THE DEPARTMENT OF STATE,
THROUGH AN ELECTRONIC SYSTEM OPERATED BY AND WITH CAPABILITIES DETER-
MINED BY THE DEPARTMENT OF STATE, TOGETHER WITH THE STATUTORY FEE, IF
REQUIRED, WHICH FEE SHALL BE A TAXABLE DISBURSEMENT. SERVICE OF PROCESS
ON SUCH CORPORATION OR BOARD OF MANAGERS SHALL BE COMPLETE WHEN THE
SECRETARY OF STATE HAS REVIEWED AND ACCEPTED SERVICE OF SUCH PROCESS.
THE SECRETARY OF STATE SHALL PROMPTLY EITHER: (I) SEND A COPY OF SUCH
PROCESS BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, TO SUCH CORPORATION
OR BOARD OF MANAGERS, AT THE POST OFFICE ADDRESS, ON FILE IN THE DEPART-
MENT OF STATE, SPECIFIED FOR THE PURPOSE; OR (II) EMAIL A NOTICE OF THE
FACT THAT PROCESS AGAINST THE CORPORATION OR BOARD OF MANAGERS HAS BEEN
SERVED ELECTRONICALLY ON THE SECRETARY OF STATE TO THE EMAIL ADDRESS ON
FILE IN THE DEPARTMENT OF STATE, SPECIFIED FOR THE PURPOSE AND SHALL
MAKE A COPY OF THE PROCESS AVAILABLE TO SUCH CORPORATION OR BOARD OF
MANAGERS.
§ 8. This act shall take effect on the one hundred eightieth day after
it shall have become a law. Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date are authorized to be made and
completed on or before such effective date.Every fact on this page links to its source, starting with the official bill record.