N.Y. Limited Liability Company Law 302 – Registered agent for service of process
§ 302. Registered agent for service of process. (a) In addition to the designation of the secretary of state, each domestic limited liability company or authorized foreign limited liability company may designate a registered agent upon whom process against the limited liability company may be served.
Terms Used In N.Y. Limited Liability Company Law 302
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Service of process: The service of writs or summonses to the appropriate party.
(b) The agent must be either:
(1) a natural person who is a resident of this state or has a business address in this state;
(2) a domestic limited liability company or an authorized foreign limited liability company; or
(3) a domestic corporation or a foreign corporation authorized to do business in this state.
(d) The registered agent of a limited liability company may resign as such agent. The registered agent shall file a certificate with the department of state entitled "Certificate of resignation of registered agent of… (name of limited liability company) under subdivision (d) of § 302 of the Limited Liability Company Law" and executed by such registered agent. Such certificate shall set forth:
(1) the name of the limited liability company, and if it has been changed, the name under which it was formed. With respect to a foreign limited liability company, there shall be set forth its name and, if applicable, the fictitious name the foreign limited liability company has agreed to use in this state pursuant to section eight hundred two of this chapter;
(2) the date the articles of organization or application for authority was filed by the department of state;
(3) that he or she resigns as registered agent of the limited liability company; and
(4) that he or she has sent a copy of the certificate of resignation by registered mail to the limited liability company at the post office address on file with the department of state specified for the mailing of process or, if such address is the address of the registered agent, to the office of the limited liability company in the jurisdiction of its formation.
(e) The designation of a registered agent shall terminate thirty days after the filing with the department of state of the certificate of resignation. A certificate designating a new registered agent may be delivered to the department of state by the limited liability company within the thirty days or thereafter.