S T A T E O F N E W Y O R K
________________________________________________________________________
S. 1206--A A. 1768--A
Cal. No. 1095
1999-2000 Regular Sessions
S E N A T E - A S S E M B L Y
January 19, 1999
___________
IN SENATE -- Introduced by Sen. SKELOS -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Codes --
reported favorably from said committee and committed to the Committee
on Corporations, Authorities and Commissions -- reported favorably
from said committee and committed to the Committee on Rules --
reported favorably from said committee to third reading, amended and
ordered reprinted, retaining its place in the order of third reading
IN ASSEMBLY -- Introduced by M. of A. SCHIMMINGER -- read once and
referred to the Committee on Corporations, Authorities and Commissions
-- committee discharged, bill amended, ordered reprinted as amended
and recommitted to said committee
AN ACT to amend the civil practice law and rules, in relation to
personal service of process upon limited partnerships, corporations
and limited liability companies; to repeal subdivision (a) of section
121-109 of the partnership law relating to service of process on
limited partnerships; and to repeal subdivision (a) of section 303 of
the limited liability company law relating to service of process on
limited liability companies
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The civil practice law and rules is amended by adding two
2 new sections 310-a and 311-a to read as follows:
3 S 310-A. PERSONAL SERVICE UPON A LIMITED PARTNERSHIP. (A) PERSONAL
4 SERVICE UPON ANY DOMESTIC OR FOREIGN LIMITED PARTNERSHIP SHALL BE MADE
5 BY DELIVERING A COPY PERSONALLY TO ANY MANAGING OR GENERAL AGENT OR
6 GENERAL PARTNER OF THE LIMITED PARTNERSHIP IN THIS STATE, TO ANY OTHER
7 AGENT OR EMPLOYEE OF THE LIMITED PARTNERSHIP AUTHORIZED BY APPOINTMENT
8 TO RECEIVE SERVICE OR TO ANY OTHER PERSON DESIGNATED BY THE LIMITED
9 PARTNERSHIP TO RECEIVE PROCESS, IN THE MANNER PROVIDED BY LAW FOR
10 SERVICE OF SUMMONS, AS IF SUCH PERSON WAS THE DEFENDANT. PERSONAL
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
{ } is old law to be omitted.
LBD03430-03-9
S. 1206--A 2 A. 1768--A
1 SERVICE UPON A LIMITED PARTNERSHIP SUBJECT TO THE PROVISIONS OF ARTICLE
2 EIGHT-A OF THE PARTNERSHIP LAW MAY ALSO BE MADE PURSUANT TO SECTION
3 121-109 OF SUCH LAW.
4 (B) IF SERVICE IS IMPRACTICABLE UNDER SUBDIVISION (A) OF THIS SECTION,
5 IT MAY BE MADE IN SUCH MANNER AS THE COURT, UPON MOTION WITHOUT NOTICE,
6 DIRECTS.
7 (C) A LIMITED LIABILITY PARTNERSHIP MAY ALSO BE SERVED PURSUANT TO
8 SECTION 121-1505 OF THE PARTNERSHIP LAW.
9 S 311-A. PERSONAL SERVICE ON LIMITED LIABILITY COMPANIES. (A) SERVICE
10 OF PROCESS ON ANY DOMESTIC OR FOREIGN LIMITED LIABILITY COMPANY SHALL BE
11 MADE BY DELIVERING A COPY PERSONALLY TO (I) ANY MEMBER OF THE LIMITED
12 LIABILITY COMPANY IN THIS STATE, IF THE MANAGEMENT OF THE LIMITED
13 LIABILITY COMPANY IS VESTED IN ITS MEMBERS, (II) ANY MANAGER OF THE
14 LIMITED LIABILITY COMPANY IN THIS STATE, IF THE MANAGEMENT OF THE LIMIT-
15 ED LIABILITY COMPANY IS VESTED IN ONE OR MORE MANAGERS, (III) TO ANY
16 OTHER AGENT AUTHORIZED BY APPOINTMENT TO RECEIVE PROCESS, OR (IV) TO ANY
17 OTHER PERSON DESIGNATED BY THE LIMITED LIABILITY COMPANY TO RECEIVE
18 PROCESS, IN THE MANNER PROVIDED BY LAW FOR SERVICE OF A SUMMONS AS IF
19 SUCH PERSON WAS A DEFENDANT. SERVICE OF PROCESS UPON A LIMITED LIABILITY
20 COMPANY MAY ALSO BE MADE PURSUANT TO ARTICLE THREE OF THE LIMITED
21 LIABILITY COMPANY LAW.
22 (B) IF SERVICE IS IMPRACTICABLE UNDER SUBDIVISION (A) OF THIS SECTION,
23 IT MAY BE MADE IN SUCH MANNER AS THE COURT, UPON MOTION WITHOUT NOTICE,
24 DIRECTS.
25 S 2. Paragraph 1 of subdivision (a) of section 311 of the civil prac-
26 tice law and rules, as amended by chapter 337 of the laws of 1996, is
27 amended to read as follows:
28 1. upon any domestic or foreign corporation, to an officer, director,
29 managing or general agent, or cashier or assistant cashier or to any
30 other agent authorized by appointment or by law to receive service. A
31 BUSINESS CORPORATION MAY ALSO BE SERVED PURSUANT TO SECTION THREE
32 HUNDRED SIX OR THREE HUNDRED SEVEN OF THE BUSINESS CORPORATION LAW. A
33 NOT-FOR-PROFIT CORPORATION MAY ALSO BE SERVED PURSUANT TO SECTION THREE
34 HUNDRED SIX OR THREE HUNDRED SEVEN OF THE NOT-FOR-PROFIT CORPORATION
35 LAW;
36 S 3. Subdivision (a) of section 121-109 of the partnership law is
37 REPEALED and subdivisions (b), (c), (d) and (e) are relettered (a), (b),
38 (c) and (d).
39 S 4. Subdivision (a) of section 303 of the limited liability company
40 law is REPEALED and subdivisions (b) and (c) are relettered (a) and (b).
41 S 5. This act shall take effect immediately.
REPEAL NOTE.--Subdivision (a) of section 121-109 of the partnership
law, proposed to be repealed by section three of this act, provides for
personal service of process upon a limited partnership.
Subdivision (a) of section 303 of the limited liability company law,
proposed to be repealed by section four of this act, provides for
personal service of process upon a limited liability company.
.SO DOC C 1206A/1768A *END* BTXT 1999
Bill A01768
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