New York Consolidated Laws

N.Y. Business Corporation Law § 306 (2026)

Service of process

✓ current as of May 2026

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§ 306. Service of process.
  (a) Service of process on a registered agent may be made in the manner
provided by law for the service of a summons, as if the registered agent
was a defendant.
  (b) (1) 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) of this subparagraph. Either option of
service authorized pursuant to this subparagraph shall be available at
no extra cost to the consumer. (i) Personally delivering to and leaving
with the secretary of state or a 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 the statutory fee, which fee shall be a taxable
disbursement. Service of process on such corporation shall be complete
when the secretary of state is so served. The secretary of state shall
promptly send one of such copies 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. 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 corporation, to such
corporation at the address of its office within this state on file in
the department. (ii) 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 domestic or authorized foreign
corporation 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 corporation 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 has been served to such corporation 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 corporation.
  (2) An additional service of the summons may be made pursuant to
paragraph four of subdivision (f) of section thirty-two hundred fifteen
of the civil practice law and rules.
  (c) If an action or special proceeding is instituted in a court of
limited jurisdiction, service of process may be made in the manner
provided in this section if the office of the domestic or foreign
corporation is within the territorial jurisdiction of the court.
  (d) Nothing in this section shall affect the right to serve process in
any other manner permitted by law.

Notes of Decisions

Cited in 243 cases (60 in the last 5 years), 1968–2026 · leading case: Fried v. Jacob Holding, Inc., 110 A.D.3d 56 (N.Y. App. Div. 2013).

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Fried v. Jacob Holding, Inc., 110 A.D.3d 56 (N.Y. App. Div. 2013). · cites it 4× “On May 11, 2010, they served the defendant, a corporation, by personal delivery of a copy of the summons and complaint to the Secretary of State (see Business Corporation Law § 306 [b]; CPLR 311 [a] [1]).”

Eugene Di Lorenzo, Inc. v. A. C. Dutton Lumber Co., 492 N.E.2d 116 (NY 1986). · cites it 2× “It served Phil-Mar, a New York corporation, by delivering two copies of the summons and complaint to the Secretary of State on June 29, 1983 (see, CPLR 311 [1]; Business Corporation Law § 306). The Secretary of State promptly sent one of these copies by certified mail to the…”

Thas v. Dayrich Trading, Inc., 78 A.D.3d 1163 (N.Y. App. Div. 2010). · cites it 3× “(hereinafter Dayrich), in appearing or answering the complaint. The plaintiffs established that they effected service upon Dayrich by delivering a copy of the summons and verified complaint to the Secretary of State (see CPLR 311 [a] [1]; Business Corporation Law § 306;…”

Flanagan v. Delaney, 2021 NY Slip Op 02786 (N.Y. App. Div. 2021). · cites it 3× “In support of his motion, the plaintiff submitted evidence that Delaney had been served pursuant to CPLR 308(2) by delivery of the summons and complaint upon the doorman of the apartment building where Delaney resided and by mailing a copy of the summons and complaint to Delaney…”

Rockland Bakery, Inc. v. B.M. Baking Co., 83 A.D.3d 1080 (N.Y. App. Div. 2011). · cites it 2× “Here, CPLR 317 is not available to the Melinos, who were not served with the dissolution petition because they were not entitled to service pursuant to Business Corporation Law § 1106 (c). B.M.”

Walley v. Leatherstocking Healthcare, LLC, 79 A.D.3d 1236 (N.Y. App. Div. 2010). · cites it 3× “Plaintiff commenced the action and effected service on defendant by serving the Secretary of State on March 25, 2009 (see Business Corporation Law § 306 [b] [1]). Not having received an answer, on May 19, 2009, plaintiffs counsel sent a letter to defendant, accompanied by a copy…”

Levine v. Forgotson's Cent. Auto & Elec., Inc., 41 A.D.3d 552 (N.Y. App. Div. 2007). · cites it 2× “The mere denial by the defendant’s president of service of the summons and the complaint was insufficient to rebut the presumption of proper service on the Secretary of State raised by the affidavit of service (see Business Corporation Law § 306 [b] [1]; Carrenard v Mass, 11…”

Abondolo v. Jerry WWHS Co., 829 F. Supp. 2d 120 (E.D.N.Y 2011). · cites it 2× “Under New York law, service of process on a domestic corporation is governed by CPLR § 311, which provides that service upon a corporation shall be made by delivering the summons “to an officer, director, managing or general agent, or cashier or assistant cashier or to any other…”

Bevilacqua v. Bloomberg, L.P., 70 A.D.3d 411 (N.Y. App. Div. 2010). · cites it 2× “Where, as here, a foreign corporation authorized to do business in the state is mistakenly served under the more stringent procedures of Business Corporation Law § 307, rather than under Business Corporation Law § 306, personal delivery of process to the Secretary of State in…”

Marine Midland Realty Credit Corp. v. Welbilt Corp., 145 A.D.2d 84 (N.Y. App. Div. 1989). · cites it 4× “At issue on this appeal is whether personal jurisdiction was obtained over defendant, a foreign corporation authorized to do business in this State, by service of process in accordance with Business Corporation Law § 307, which provides the appropriate method of service on the…”

333 Cherry LLC v. N. Resorts, Inc., 66 A.D.3d 1176 (N.Y. App. Div. 2009). · cites it 2× “Defendant requested an accounting and then plaintiffs commenced an action for a declaration of the parties’ rights under the lease, effecting service on defendant by serving the Secretary of State on April 10, 2008 (see Business Corporation Law § 306 [b]). After defendant…”

Flick v. Stewart-Warner Corp., 555 N.E.2d 907 (NY 1990). · cites it 2× “Plaintiff, mistakenly believing that defendant was authorized to do business in the State, commenced this action pursuant to Business Corporation Law § 306 instead of Business Corporation Law § 307 *53 which governs service on unauthorized foreign corporations.”

Show all 243 citing cases →

— N.Y. Business Corporation Law § 306(b) — 15 cases

Barbetta v. NY Auto Find, Inc., 2023 NY Slip Op 06023 (N.Y. App. Div. 2023).

Horn v. Intelectron Corp., 294 F. Supp. 1153 (S.D.N.Y. 1968).

Mitchell v. Kingsbrook Jewish Med. Ctr., 2022 NY Slip Op 06477 (N.Y. App. Div. 2022).

Calle v. JRR Contr. Inc., 2026 NY Slip Op 02874 (N.Y. App. Div. 2026).

Watch Empire Inc. v. Five Boro Holding, LLC, 2024 NY Slip Op 51390(U) (Civ. Ct. NYC, Kings Cty. 2024).

— N.Y. Business Corporation Law § 306(b)(1) — 2 cases

Antoine v. Brooklyn Maids 26, Inc (E.D.N.Y 2020).

Vega v. Trinity Realty Corp. (S.D.N.Y. 2021).

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