Section 18. Designation of secretary of state as an agent for service of process  


Latest version.
  • 1.   The term "association," as  used  in  this  article,  is
      defined in section two, subdivision four, of this chapter.
        2.    Every association doing business within this state shall file in
      the department of state a certificate in its associate name, signed  and
      acknowledged  by  its  president,  or a vice-president, or secretary, or
      treasurer, or managing director, or trustee, designating  the  secretary
      of  state  as  an  agent  upon  whom process in any action or proceeding
      against the association may be served within  this  state,  and  setting
      forth  an  address  to which the secretary of state shall mail a copy of
      any process against  the  association  which  may  be  served  upon  him
      pursuant  to law.   Annexed to the certificate of designation shall be a
      statement, executed in the same manner as the certificate is required to
      be executed under this section, which shall set forth
        (a)  the names and places of residence of its officers and trustees
        (b)  its principal place of business
        (c)  the place where its office within this state is  located  and  if
      such  place  be  in a city, the location thereof by street and number or
      other particular description.
        3.  Any association, from time to time,  may  change  the  address  to
      which  the  secretary of state is directed to mail copies of process, by
      filing a statement to that effect, executed, signed and acknowledged  in
      like manner as a certificate of designation as herein provided.
        4.    Any  association doing business within this state without having
      filed the certificate of designation prescribed by  this  section  shall
      not  maintain  any action or special proceeding in this state unless and
      until  such  association  has  filed  the  certificate  of   designation
      prescribed  by  this  section  and  it  has  paid to the state all fees,
      penalties and franchise taxes for the  years  or  parts  thereof  during
      which it did business in this state without having filed the certificate
      of designation prescribed by this section.  This prohibition shall apply
      to  any  successor  in  interest of such association.  The failure of an
      association to file the certificate of designation  prescribed  by  this
      section  shall  not  impair  the  validity of any contract or act of the
      association or the right of any other party to the contract to  maintain
      any  action  or  special  proceeding  thereon, and shall not prevent the
      association from defending any action  or  special  proceeding  in  this
      state.