How to serve on the New York Secretary of State
What is Service of Process?
Here is a short description of what a process server does, there are many reasons why process servers are needed. In America service of due process is a privilege set forth by the Constitution. What this means is that any citizens of the United States have the right to be informed
of being summoned, this can be found specified in the fifth and sixth amendments of the Constitution.
Process servers were originally intended to be messengers to inform American citizens of their constitutional right to due process of law by “serving” them with a notification that states the legal issue that involves them specifically. Early on legal documents were only served to people by their local county sheriff. As the population grew in the United States it became more difficult for local sheriffs to deliver court documents as well as addressing other legal matters in their jurisdiction. At this point it became a need for an individual to deliver these legal documents in the time allowed by the court; for that reason, and this is how individual process serving.
Service of Process on the New York Secretary of State as Agent of Domestic and Authorized Foreign Entities
The Secretary of State is the permitted agent for service of process on domestic entities that are created in New York State, and also foreign entities which were formed in other jurisdictions outside of New York State. Anyone who wants to serve process on business corporations,limited partnerships, not-for-profit corporations, limited liability companies, and limited liability partnerships, (foreign or domestic), handles the service of process on the Secretary of State.
This information is a part from the New York State, Department of State, Division of Corporations, State Records and Uniform Commercial Code explaining how to handle this service:
1. The Process Server has to establish the identity of the entity that has to be served.
Over a million domestic and authorized foreign entities are registered with the Department of State (DOS). Alot of times, the name of the entity intended to be served are similar to, or almost the same as the names of other entities. The Process Server, and not the DOS, is responsible for being sure which entity is intended to be served.
2. The Process Server has to print out the DOS Search Page for the entity the Process Server intends to serve.
Once the Process Server determines which entity has to be served, DOS will provide the Process Server with the "Current Status Information" for that entity. This is known as the DOS Search Page. A Process Server with access to the official DOS database may print his or her own copies of the DOS Search Page for the entity he or she intends to serve.
3.) The Process Server must fill out a "Service of Process Cover Sheet"
The Process Server will be required to fill out a "Service of Process Cover Sheet" indicating the name of the entity to be served, the section of law under which service is being made, the manner in which the applicable fee is being paid, and the name and address of the Process Server.
4.) The Process Server must hand-deliver two duplicate copies of the process being served (with the Service of Process Cover Sheet and DOS Search page attached) and the applicable fee, to an authorized person at DOS's office in Albany, New York.
The statutes applicable to service of process on a domestic or authorized foreign entity specify that service consists of personal delivery of 1) duplicate copies of the process and 2) the statutory fee. DOS will reject the service if the copies delivered are not duplicate copies or if the copies of the process are altered (such as by changing the name of a defendant.)
5.) DOS will presume that the entity intended to be served is the entity identified in the DOS Search page stapled to the process being served.
In the case of service upon a domestic or authorized foreign entity, DOS mails one copy of the process to the entity served at the address provided by that entity. If the Process Server identifies the wrong entity, service will not be effective as against the entity intended to be served. DOS will presume that the Process Server intends to serve the entity identified in the DOS Search Page attached to the process at the time of service even if the name does not match the name as it appears on the Service of Process Cover Sheet.
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