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Bill

A 11390

Relates to electronic service of process

2025 Regular Session

The bill standardizes electronic service of process through the DOS, allowing state or local authorities to serve multiple entities online with prompt notice and copies at no extra

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Bill Summary · A 11390

Overview

A 11390, introduced in the New York Assembly in May 2026, would expand and standardize the electronic service of process (service of legal documents) across multiple corporate forms. The bill allows state or local government entities to serve process against certain business entities electronically through the New York Department of State (DOS) system, with immediate notice to the targeted entity and traditional mail or electronic notice options. It builds on prior law changes and adds explicit electronic service provisions for several entity types.

Purpose and Intent

  • Modernize service of process by permitting electronic submission to the DOS for entities designated as agents of service.
  • Ensure that service is complete and verifiable when the DOS reviews and accepts electronically submitted process.
  • Provide options for notifying the entity (via certified mail or electronic notice) and making a copy of the process available to the entity.
  • Guarantee that each electronic service option is available at no extra cost to the consumer.

Key Provisions by Entity Type

  • Corporations (domestic/authorized foreign) - Business Corporation Law (BCL) Sec. 306
    Adds a new subsection (iii) allowing electronic filing of process to the DOS when served by state or a political subdivision. Completion occurs upon DOS acceptance, with notice sent by certified mail or email.

  • General Associations Law (GAL) Sec. 19
    Adds a new option (3) for electronic service via the DOS system when the state or subdivision serves process. DOS must deliver either certified mail copy or electronic notice to the association.

  • Limited Liability Company Law (LLCL) Sec. 303
    Adds an electronic service option (3) for service on the DOS when served by the state or subdivision. Notice to the LLC via mail or email after DOS acceptance.

  • Not-for-Profit Corporation Law (NPCL) Sec. 19 (article 4)—as amended
    Introduces electronic service via DOS for domestic or authorized foreign not-for-profits, with DOS notification to the entity and process copy availability.

  • Partnership Law (General Partnerships, LPs, LLPs) Secs. 121-109 and 121-1505
    Adds electronic service options (3) for partnerships, including limited partnerships and NY-registered foreign partnerships. DOS acceptance required, with notice via certified mail or email and copy provision.

  • Real Property Law (RPL) Sec. 339-n
    Adds a new paragraph (c) allowing electronic service on the DOS for corporations or boards of managers, with DOS notification via mail or email and process copy availability.

Affected Parties

  • State and local government entities that serve process.
  • Domestic and foreign corporations, general associations, LLCs, not-for-profits, partnerships (including limited partnerships and LLPs) operating in New York.
  • Internal DOS systems and processes to handle electronic submissions and notices.

Procedural and Timeline Aspects

  • Electronic service is complete when the Secretary of State (SOS) reviews and accepts the electronic filing of the process.
  • After acceptance, SOS must promptly:
    • Send the process by certified mail or
    • Email notice of service to the entity’s listed email on file, and
    • Make a copy of the process available to the entity.
  • Fees: The electronic filing, where used, is a taxable disbursement (i.e., subject to standard disbursement charges). No extra consumer cost for the electronic option relative to other service methods.
  • Effective date: The act would take effect 180 days after becoming law, with immediate authority to implement necessary rules and regulations for implementation.

Practical Impact

  • Increases speed and reliability of service of process through electronic means.
  • Reduces dependence on in-person or mail-based service in many cases.
  • Requires entities to maintain current email addresses with DOS to receive electronic notices.
  • Maintains traditional avenues (certified mail) as backups or alternatives, ensuring notice is received.

If you’d like, I can tailor this into a one-page brief for policymakers or stakeholders highlighting potential operational implications for DOS and for the regulated entities.

Compiled from official sources — confirm details with the bill’s official record.

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