This article will provide guidance on how to serve legal papers in NY Secretary of State. Serving legal papers to the New York Secretary of State is an essential process for initiating legal actions against businesses in New York. This guide outlines the steps to ensure successful service to corporations and other business entities through the Secretary of State, acting as the statutory agent.
Step-by-Step Guide to Serving the New York Secretary of State
To serve a business entity through the New York Secretary of State, you must personally deliver the process to an authorized individual at the Department of State’s office. Head to the Customer Service Counter on the 6th Floor, as per the Secretary’s guidelines. Click Here for Frequently Asked Questions About Process Servers!
‘Process’ includes judicial processes, orders, demands, notices, or other necessary papers for personal service to establish jurisdiction in legal proceedings. While the New York Business Corporation Law specifies serving through the Secretary of State, New York law allows for alternative service methods if they comply with legal standards. Click Here for information on What Do Process Servers in New York Do!
Key Steps for Successful Service:
- Entity Identification: Identify the business entity you are serving.
- Documentation Preparation: Secure DOS search pages for the entity, complete a service cover sheet, and attach it to the process documents.
- In-Person Delivery: Directly deliver two copies of the process, along with the required documents and a USD 40 statutory fee, to the Department of State’s office.
Special Considerations for Unauthorized Entities
For serving unauthorized or suspended corporations and partnerships, the process slightly differs. You need to personally serve only one copy of the process on the Secretary of State. Click here for New York Rules of Civil Procedure.
Additional Requirements:
- DOS Search Pages: Crucial for pinpointing the correct entity for service.
- Service of Process Cover Sheet: Mandatory for all personal deliveries to the Department of State.
- Fee: A USD 40 statutory fee is necessary for processing.
Serving Public Corporations
When serving public corporations, the Secretary of State acts as the statutory agent, accepting notices of claims. Submit two copies of the notice, along with a USD 250 fee. The Department of State only needs to forward one copy of the Notice of Claim to the specified public corporation. Click here for How To Serve Legal Papers In New York State.
Identifying the Right Entity
Ensuring you serve the correct entity is vital. The process server bears the responsibility for accurate entity identification. Any errors can render the service ineffective.
Conclusion
Successfully serving legal papers to the New York Secretary of State requires strict adherence to procedural steps. Identifying the right entity, preparing necessary documents, and meeting statutory requirements is critical for efficiently initiating legal proceedings against the targeted business entity.
OFFICE LOCATIONS
New York: (212) 203-8001 – 590 Madison Avenue, 21st Floor, New York, New York 10022
Brooklyn: (347) 983-5436 – 300 Cadman Plaza West, 12th Floor, Brooklyn, New York 11201
Queens: (646) 357-3005 – 118-35 Queens Blvd, Suite 400, Forest Hills, New York 11375
Long Island: (516) 208-4577 – 626 RXR Plaza, 6th Floor, Uniondale, New York 11556
Westchester: (914) 414-0877 – 50 Main Street, 10th Floor, White Plains, New York 10606
Connecticut: (203) 489-2940 – 500 West Putnam Avenue, Suite 400, Greenwich, Connecticut 06830
New Jersey: (201) 630-0114 – 101 Hudson Street, 21 Floor, Jersey City, New Jersey 07302
Washington DC: (202) 655-4450 – 1101 Pennsylvania Avenue, N.W. Suite 300, Washington DC 20004
FOR ASSISTANCE SERVING LEGAL PAPERS IN NEW YORK CITY
Pick up the phone and call Toll Free (800) 774-6922, or click the service you want to purchase. Our dedicated team of professionals is ready to assist you. We can handle all your New York City process service needs; no job is too small or too large!
Contact us for more information about our process-serving agency. We are ready to provide New York City service of process to all our clients globally from our offices in New York, Brooklyn, Queens, Long Island, Westchester, New Jersey, Connecticut, and Washington, D.C.
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