Hey guys,

According to my NY Practice outline:
 
You can serve process on the NY Secretary of State with 2 situations:
1/ For domestic corporation (incorporated in NY) or licensed foreign corporation (aka authorized to do business in NY):
- personally deliver 2 copies of process to the NY Secretary of State
- the Secretary will retain a copy and mail the other one to the corporation

2/ For UNlicensed foreign corporation:
- personally deliver one copy of process to the NY Secretary of State, and
- mail one copy to the corporation by certified mail with return receipt requested

OK, but what's going on for a domestic corporation NOT incorporated in NY? What rules do we apply? Many thanks in advance for your help.

Cheers,
B.W.

To be a Domestic Corporation they have to be incorporated in New York so you cannot have a Domestic Unincorporated Corporation

Just to clarify since you cannot edit past posts, foreign does not mean outside of the United States, foreign just means incorporated outside of New York

Both answers together address what (may) be your confusion. By it's mere name, a Corporation must be Incorporated (i.e. otherwise would be another type of entity). If it is a NY corporation, then it was incorporated in NY and thus is a Domestic Corporation.

Alternatively, it is a corporation incorporated anywhere outside of NY, it is a Foreign Corporation. The issue then is determining whether it is licensed to do business in NY or not; this then determines how you serve the Secretary of State

Thank you so much guys! As a foreign student, I improperly assumed that "foreign" meant outside of the U.S.

Cheers,
B.W.

DOMESTIC , NOT INCORPORATED ? well, to begin with "domestic" means
incorporated in NY ..

Myriam

On 2/6/10 8:27 PM,