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S7254Senate2015-2016 SessionSame asA9572

Relates to service of process upon limited liability corporations and limited liability partnerships

Sponsor John J. BonacicSD-42Affects Legal
Status
Senate Floor Calendar
Impact
Pending
Outcome
Companion signed

Bill progress

Signed via A9572

What's happening

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Who cares

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Sponsors

Primary sponsor
John J. Bonacic

Senator · Senate District 42

Chair, JudiciaryChair, Racing, Gaming And Wagering

No co-sponsors yet.

History

  1. Substituted by A9572
  2. Advanced to third reading
  3. 2nd report cal.
  4. 1st report cal.670
  5. Referred to judiciary

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A9572Assembly

Relates to service of process upon limited liability corporations and limited liability partnerships

Signed by Governor · Sponsor Edward Braunstein

Signed into law

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

Title of bill

An act to amend the surrogate's court procedure act, in relation to the service of process upon limited liability corporations and limited liability partnerships

This is one in a series of measures being introduced at the request of the Chief Administrative Judge upon the recommendation of his Surrogate's Court Advisory Committee.

SCPA 307(5) provides for service of process upon "persons other than natural persons," among others, in proceedings filed in Surrogate's Court. Currently, this subdivision directs that, unless the SCPA provides otherwise or the court in a particular proceeding otherwise directs, service of process on a person other than a natural person shall be made in accordance with CPLR 307 (personal service upon the state), 310 (personal service upon a partnership), 311 (personal service upon a corporation or governmental subdivision), and 312 (personal service upon a court, board or commission).

In 1999, the Legislature amended the CPLR to add CPLR 310-a and 311-a to provide for personal service upon a limited partnership (including a limited liability partnership) and upon limited liability companies, respectively. However, at that time, the Legislature did not amend SCPA 307 to make CPLR 310-a and CPLR 311-a applicable to service of process in Surrogate's Court proceedings.

The Surrogate's Court Procedure Act provides explicit and comprehensive directives for effecting service of process in Surrogate's Court proceedings. The absence of a rule, or cross-reference to a rule, for service of process upon a limited liability partnership or a limited liability company is anomalous to the statutory framework and creates a potential source for confusion and uncertainty.

The proposed amendment addresses these concerns by adding the personal service provisions of CPLR 310-a and CPLR 311-a to SCPA 307(5). By doing so, this amendment is consistent with the purpose of the statute to provide clear, definitive direction for service of process on all categories of persons in a Surrogate's Court proceeding.

This measure, which would have no fiscal impact on the State, would take effect immediately and apply to proceedings filed on or after its effective date.

Legislative history

None. New proposal.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.