N.Y. General Business Law Section 352-B
Non-resident brokers, dealers, salesmen and investment advisors

  • designation of secretary of state as agent for service of process
  • servi...

§ 352-b. Non-resident brokers, dealers, salesmen and investment advisors; designation of secretary of state as agent for service of process; service of process.

1.

Any person, partnership, corporation, company, trust or association resident or having his or its principal place of business without the state or organized under and by virtue of the laws of a foreign state, who or which shall do business in this state as a broker, dealer, salesman or investment advisor, as defined in section three hundred fifty-nine-e or three hundred fifty-nine-eee of this article, or any partner, principal, officer or director of such broker, dealer or investment advisor shall be deemed to have irrevocably appointed the secretary of state as his or its agent upon whom may be served any summons, complaint, subpoena, subpoena duces tecum, notice, order, judgment or other process directed to such person, partnership, corporation, company, trust or association, or any partner, principal, officer or director thereof, in any action, investigation or proceeding brought or conducted by the attorney general under the provisions of this article arising out of or in connection with any transaction, matter or thing relating to the practices, affairs, management or business of such person, partnership, corporation, company, trust or association, or any partner, principal, officer or director thereof. Any such person, partnership, corporation, company, trust or association, or any partner, principal, officer or director thereof, may file with the secretary of state a designation, in terms complying herewith, duly acknowledged, irrevocably appointing the secretary of state as his or its agent upon whom may be served any such process; provided, however, that a designation filed with the secretary of state pursuant to § 352-A (Foreign corporation to make designation)section three hundred fifty-two-a of this article or Business Corporation Law § 1304 (Application for authority)section thirteen hundred four of the business corporation law shall serve also as such designation.

2.

Service of such process upon the secretary of state shall be made by personally delivering to and leaving with him or a deputy secretary of state a copy thereof at the office of the department of state in the city of Albany, and such service shall be sufficient service provided that notice of such service and a copy of such process are forthwith sent by the attorney general to such person, partnership, corporation, company, trust or association, by registered or certified mail with return receipt requested, at his or its office as set forth in the “broker-dealer’s statement”, “salesman’s statement” or “investment advisor’s statement” filed in the department of law pursuant to section three hundred fifty-nine-e or section three hundred fifty-nine-eee of this article, or in default of the filing of such statement, at the last address known to the attorney general. Service of such process shall be complete on receipt by the attorney general of a return receipt purporting to be signed by the addressee or a person qualified to receive his or its registered or certified mail, in accordance with the rules and customs of the post office department, or, if acceptance was refused by the addressee or his or its agent, on return to the attorney general of the original envelope bearing a notation by the postal authorities that receipt thereof was refused.

3.

The department of state shall keep a record of each process served upon the secretary of state under this chapter, 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 process by an authorized person, the date and place of such service and the receipt of the statutory fee. Process served upon the secretary of state under this chapter shall be destroyed by him after a period of ten years from such service.

Source: Section 352-B — Non-resident brokers, dealers, salesmen and investment advisors; designation of secretary of state as agent for service of process; servi..., https://www.­nysenate.­gov/legislation/laws/GBS/352-B (updated Sep. 22, 2014; accessed Dec. 21, 2024).

352
Investigation by attorney-general
352‑A
Foreign corporation to make designation
352‑B
Non-resident brokers, dealers, salesmen and investment advisors
352‑C
Prohibited acts constituting misdemeanor
352‑D
Effect of prosecution under previous section
352‑E
Real estate syndication offerings
352‑EE
Conversion of non-residential property to residential cooperative or condominium ownership
352‑EEE
Conversions to cooperative or condominium ownership in certain cities, towns and villages located in the counties of Nassau, Westchester ...
352‑EEEE
Conversions to cooperative or condominium ownership in the city of New York
352‑F
Description of realty bonds
352‑G
Exemptions
352‑H
Trust funds
352‑I
Injunctive relief
352‑J
Application of article
352‑K
Broker dealer minimum capital requirements
352‑L
Cooperative corporations
353
Action by attorney-general
353‑A
Receivers
354
Examination of witnesses and preliminary injunction
355
Procedure on hearing
356
Powers of referee
357
Application of provisions of civil practice law and rules
358
Criminal prosecution
359
Immunity
359‑A
Appointment of deputies
359‑B
Effect of unconstitutionality of part of article
359‑C
Publication of state notices
359‑E
Definitions
359‑EE
Report of existence
359‑EEE
Definitions
359‑F
Exemptions from certain provisions of section three hundred fifty-nine-e
359‑FF
Registration of intra-state offerings
359‑FFF
Chain distributor schemes prohibited
359‑G
Violations and penalties
359‑H
Destruction of certain records, books and other data by the attorney-general

Accessed:
Dec. 21, 2024

Last modified:
Sep. 22, 2014

§ 352-B’s source at nysenate​.gov

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