For a foreign unlicensed corporation, what is required for service?

• A. One copy personal delivery to the Secretary of State and one copy certified mail to the corporation
• B. Personal delivery to the corporation only
• C. Certified mail to the corporation only
• D. Personal delivery to a NY resident

Answer: (A)

When a foreign corporation that is not licensed to do business in New York is sued, service of process must go through the Secretary of State as the corporation’s agent for service, and a copy must also be mailed to the corporation itself. This means delivering one copy to the Secretary of State in person and sending another copy to the corporation by certified mail (return receipt requested). This two-step method ensures proper notice and complies with the CPLR requirements for unlicensed foreign corporations. Service by merely delivering to the corporation, or by mailing to a New York resident, does not meet the statutory method for this situation, and mailing alone to the corporation without engaging the Secretary of State would not satisfy due process.