§ 352-b. Non-resident brokers, dealers, salesmen and investment
advisors; designation of secretary of state as agent for service of
process; service of process. 1. Any person, partnership, corporation,
company, trust or association resident or having his or its principal
place of business without the state or organized under and by virtue of
the laws of a foreign state, who or which shall do business in this
state as a broker, dealer, salesman or investment advisor, as defined in
section three hundred fifty-nine-e or three hundred fifty-nine-eee of
this article, or any partner, principal, officer or director of such
broker, dealer or investment advisor shall be deemed to have irrevocably
appointed the secretary of state as his or its agent upon whom may be
served any summons, complaint, subpoena, subpoena duces tecum, notice,
order, judgment or other process directed to such person, partnership,
corporation, company, trust or association, or any partner, principal,
officer or director thereof, in any action, investigation or proceeding
brought or conducted by the attorney general under the provisions of
this article arising out of or in connection with any transaction,
matter or thing relating to the practices, affairs, management or
business of such person, partnership, corporation, company, trust or
association, or any partner, principal, officer or director thereof. Any
such person, partnership, corporation, company, trust or association, or
any partner, principal, officer or director thereof, may file with the
secretary of state a designation, in terms complying herewith, duly
acknowledged, irrevocably appointing the secretary of state as his or
its agent upon whom may be served any such process; provided, however,
that a designation filed with the secretary of state pursuant to section
three hundred fifty-two-a of this article or section thirteen hundred
four of the business corporation law shall serve also as such
designation.

2. Service of such process upon the secretary of state shall be made
by personally delivering to and leaving with him or a deputy secretary
of state a copy thereof at the office of the department of state in the
city of Albany, and such service shall be sufficient service provided
that notice of such service and a copy of such process are forthwith
sent by the attorney general to such person, partnership, corporation,
company, trust or association, by registered or certified mail with
return receipt requested, at his or its office as set forth in the
"broker-dealer's statement", "salesman's statement" or "investment
advisor's statement" filed in the department of law pursuant to section
three hundred fifty-nine-e or section three hundred fifty-nine-eee of
this article, or in default of the filing of such statement, at the last
address known to the attorney general. Service of such process shall be
complete on receipt by the attorney general of a return receipt
purporting to be signed by the addressee or a person qualified to
receive his or its registered or certified mail, in accordance with the
rules and customs of the post office department, or, if acceptance was
refused by the addressee or his or its agent, on return to the attorney
general of the original envelope bearing a notation by the postal
authorities that receipt thereof was refused.

3. The department of state shall keep a record of each process served
upon the secretary of state under this chapter, including the date of
service. It shall, upon request made within ten years of such service,
issue a certificate under its seal certifying as to the receipt of the
process by an authorized person, the date and place of such service and
the receipt of the statutory fee. Process served upon the secretary of
state under this chapter shall be destroyed by him after a period of ten
years from such service.