Section 121-1506. Resignation for receipt of process

(a) A registered agent
  may  resign  as  such  agent.  A  certificate  entitled  "Certificate of
  resignation of registered agent of ......  (name  of  limited  liability
  partnership)  under  section  121-1506  of the Partnership Law" shall be
  signed and delivered to the department of state. It shall set forth:
    (1) That he resigns as registered agent  for  the  designated  limited
  liability partnership.
    (2) The date the certificate of registration of the designated limited
  liability partnership was filed by the department of state.
    (3)  That  he  has  sent  a  copy of the certificate of resignation by
  registered mail to the designating limited liability partnership at  the
  post office address on file in the department of state specified for the
  mailing  of  process or if such address is the address of the registered
  agent,  then  to  the  office  of  the  designating  limited   liability
  partnership in the jurisdiction of its formation.
    (b) The party (or the party's legal representative) whose post address
  has  been supplied by a limited liability partnership as its address for
  process may resign. A certificate entitled "Certificate  of  Resignation
  for Receipt of Process under Section 121-1506(b) of the Partnership Law"
  shall  be signed by such party and delivered to the department of state.
  It shall set forth:
    (1) The name of the limited liability partnership and  the  date  that
  its certificate of registration was filed by the department of state.
    (2)  That  the address of the party has been designated by the limited
  liability partnership as the post office address to which the  secretary
  of  state  shall  mail  a copy of any process served on the secretary of
  state as agent for such limited  liability  partnership  and  that  such
  party wishes to resign.
    (3)  That  sixty  days  prior  to  the  filing  of  the certificate of
  resignation with the department of state the party has sent  a  copy  of
  the  certificate  of resignation for receipt of process by registered or
  certified mail to the address of the registered agent of the  designated
  limited  liability  partnership,  if  other  than  the  party filing the
  certificate of resignation, for receipt of process, or if the  resigning
  limited  liability partnership has no registered agent, then to the last
  address of the designated limited liability partnership,  known  to  the
  party, specifying the address to which the copy was sent. If there is no
  registered  agent  and  no  known  address  of  the  designating limited
  liability partnership  the  party  shall  attach  an  affidavit  to  the
  certificate  stating that a diligent but unsuccessful search was made by
  the party to locate the limited liability partnership,  specifying  what
  efforts were made.
    (4)  That  the designated limited liability partnership is required to
  deliver to the department of state a certificate of amendment  providing
  for  the  designation  by  the  limited  liability  partnership of a new
  address and  that  upon  its  failure  to  file  such  certificate,  its
  authority to do business in this state shall be suspended.
    (c)  Upon the failure of the designating limited liability partnership
  to file a certificate of amendment providing for the designation by  the
  limited  liability  partnership of the new address after the filing of a
  certificate of resignation for receipt of process with the secretary  of
  state, its authority to do business in this state shall be suspended.
    (d)  The  filing  by  the  department  of  state  of  a certificate of
  amendment providing for a new address by a designating limited liability
  partnership shall annul the suspension and its authority to do  business
  in  this  state  shall be restored and continued as if no suspension had
  occurred.

    (e) The resignation for receipt of process shall become effective upon
  the filing by the department of state of a  certificate  of  resignation
  for receipt of process.
    (f)(1)  In any case in which a limited liability partnership suspended
  pursuant to this section would be  subject  to  the  personal  or  other
  jurisdiction  of  the  courts  of  this state under article three of the
  civil practice law and rules, process  against  such  limited  liability
  partnership  may  be  served  upon  the  secretary of state as its agent
  pursuant to this section. Such process may be issued  in  any  court  in
  this state having jurisdiction of the subject matter.
    (2)  Service of such process upon the secretary of state shall be made
  by personally delivering to and leaving with him or his 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, a copy
  of such process together with the statutory fee, which fee  shall  be  a
  taxable disbursement. Such service shall be sufficient if notice thereof
  and a copy of the process are:
    (i)  delivered personally within or without this state to such limited
  liability partnership by a person and in the manner authorized to  serve
  process by law of the jurisdiction in which service is made, or
    (ii)  sent  by or on behalf of the plaintiff to such limited liability
  partnership  by  registered  or  certified  mail  with  return   receipt
  requested  to  the  last  address  of such limited liability partnership
  known to the plaintiff.
    (3)(i) Where service of a copy of process  was  effected  by  personal
  service,  proof  of  service shall be by an affidavit of compliance with
  this section filed, together with the process, within thirty days  after
  such service, with the clerk of the court in which the action or special
  proceeding  is  pending.  Service  of process shall be complete ten days
  after such papers are filed with the clerk of the court.
    (ii) Where service of a copy of process was  effected  by  mailing  in
  accordance  with this section, proof of service shall be by affidavit of
  compliance with this section filed, together with  the  process,  within
  thirty  days  after  receipt of the return receipt signed by the limited
  liability partnership, or other official proof of  delivery  or  of  the
  original  envelope  mailed.  If  a  copy  of  the  process  is mailed in
  accordance with this section, there shall be filed with the affidavit of
  compliance either the return receipt signed by  such  limited  liability
  partnership  or  other  official  proof  of  delivery, if acceptance was
  refused by it, the original envelope  with  a  notation  by  the  postal
  authorities  that  acceptance  was  refused. If acceptance was refused a
  copy of the notice and process together with notice of  the  mailing  by
  registered  or  certified  mail  and refusal to accept shall be promptly
  sent to such limited  liability  partnership  at  the  same  address  by
  ordinary mail and the affidavit of compliance shall so state. Service of
  process  shall be complete ten days after such papers are filed with the
  clerk of the court. The refusal to accept delivery of the registered  or
  certified  mail  or  to  sign  the  return  receipt shall not affect the
  validity of the service and such limited liability partnership  refusing
  to  accept  such  registered  or  certified  mail  shall be charged with
  knowledge of the contents thereof.
    (4) Service made as provided in this section without the  state  shall
  have the same force as personal service made within this state.
    (5) Nothing in this section shall affect the right to serve process in
  any other manner permitted by law.
    (g)  The  filing of a certificate of resignation of a registered agent
  pursuant to subdivision (a) of this section shall be accompanied by  the
  fee  of  ten dollars, and the filing of a certificate of resignation for

  receipt of process pursuant to subdivision (b) of this section shall  be
  accompanied by the fee of ten dollars.