I do business incorporations in all 50 states. New York does require appointment of a statutory agent to receive process. In the event that a corporation fails to appoint one or fails to notify the state of a new agent when the prior agent has resigned... a suspension of the corporation's authority to do business may result until such information is properly filed with New York's Secretary of State.
If the need arises for someone to serve the suspended corporation with process he may do so by serving the Secretary of State. There may also be other provisions in New York's statutes for service of process directly on the corporation itself.
In Connecticut we normally like to serve the corporation directly rather than by substituted service through the Secretary of State because there is less likelihood of a jurisdictional challenge on appeal. We use substituted service on a corporation's statutory agent or on the Secretary of State as a last resort.
In Connecticut failure of a corporation to maintain a statutory agent automatically results in the appointment of Connecticut's Secretary of State as its agent.
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