Section 173-C. Non-resident professional fund raisers, fund raising counsel, professional solicitors and commercial co-venturers; designation of secretary of state as agent for service of process; service of process  


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  • 1.  Any  professional  fund  raiser,  fund raising counsel, professional
      solicitor or commercial co-venturer resident or whose principal place of
      business is without the state or organized under and by  virtue  of  the
      laws of another or foreign state, who or which has been engaged by or on
      behalf  of  any  charitable  organization  to  conduct  any fund raising
      activities in this state and/or solicit  contributions  from  people  in
      this  state  shall be deemed to have irrevocably appointed the secretary
      of state as the agent upon whom may be  served  any  summons,  subpoena,
      subpoena   duces  tecum,  other  process  or  notice  directed  to  such
      professional fund raiser, fund raising counsel, professional  solicitor,
      commercial  co-venturer  or any partner, principal, officer, or director
      thereof, in any action or proceeding brought by the attorney general  or
      any  other  party  under  the  provisions  of  this  section.  Any  such
      professional fund raiser, fund raising counsel,  professional  solicitor
      or  commercial  co-venturer  may  file  with  the  secretary  of state a
      designation, in terms complying herewith, duly acknowledged, irrevocably
      appointing the secretary of state as the agent upon whom may  be  served
      any  such  process; provided, however, that a designation filed with the
      secretary of state pursuant to section three hundred fifty-two-a of  the
      general   business   law,   section   thirteen   hundred   four  of  the
      not-for-profit corporation law, or section thirteen hundred four of  the
      business corporation law shall serve also as such designation.
        2. Service of such process or notice upon the secretary of state shall
      be  made  by  personally delivering to and leaving with the secretary of
      state or any person authorized by the secretary of state to accept  such
      service  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 or other party as the case may be  to  such
      professional  fund  raiser, fund raising counsel, professional solicitor
      or  commercial  co-venturer  by  certified  mail  with  return   receipt
      requested,  at  the office address as set forth in the registration form
      required to be filed with the attorney general pursuant to sections  one
      hundred  seventy-three  and one hundred seventy-three-b of this article,
      or in default of the filing of such form, at the last address  known  to
      the  attorney  general  or other party. Service of such process shall be
      complete ten days after the receipt by the  attorney  general  or  other
      party  of a return receipt purporting to be signed by the addressee or a
      person  qualified  to  receive  the  addressee's  certified   mail,   in
      accordance with the rules and customs of the post office department, or,
      if  acceptance was refused by the addressee or the agent, ten days after
      the return to the attorney  general  or  other  party  of  the  original
      envelope  bearing  a  notation  by  the  postal authorities that receipt
      thereof was refused.