Senate bill · S8397 (2025-26)

Relates to electronic service of process

New York State Senate

Same as A11390, the matching bill in the Assembly.

Latest action Aug 28, 2026

Passed as A11390, the matching Assembly bill.

Sponsor: Monica Martinez (State Senator, District 4, Democratic/Working Families)

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From NY Open Legislation, the NY Senate and Assembly, and official rosters. This record was last updated Oct 23, 2026. About our data

Summary

Permits process to be served electronically by certain entities on the secretary of state for certain purposes.

Summary from NY Open Legislation. How we handle summaries

Amends the Business Corporation Law.

Purpose, from the sponsor's memo

Section 1 amends section 306 of the Business Corporation Law to author- ize the state and municipalities to serve process electronically on the Secretary of State as the agent of a business corporation and for a copy of such process to be provided to the corporation by certified mailed or notice of service to be provided to the corporation by email. Section 2 amends section 19 of the General Associations Law to authorize the state and municipalities to serve process electronically on the Secretary of State as the agent of an association and for a copy of such process to be provided to the association by certified mailed or notice of service to be provided to the association by email. Section 3 amends section 303 of the Limited Liability Company Law to authorize the state and municipalities to serve process electronically on the Secretary of State as the agent of a limited liability company and for a copy of such process to be provided to the limited liability company by certified mailed or notice of service to be provided to the limited liability company by email. Section 4 amends section 306 of the Not-for-Profit Corporation Law to authorize the state and municipalities to serve process electronically on the Secretary of State as agent of a not-for-profit corporation and for a copy of such process to be provided to the not-for-profit corpo- ration by certified mailed or notice of service to be provided to the not-for-profit corporation by email. Section 5 amends section 121-109 of the Partnership Law to authorize the state and municipalities to serve process electronically on the Secre- tary of State as agent of a limited partnership and for a copy of such process to be provided to the partnership by certified mailed or notice of service to be provided to the limited partnership by email. Section 6 amends section 121-1505 of the Partnership Law to authorize the state and municipalities to serve process electronically on the Secretary of State as agent of a limited liability partnership and for a copy of such process to be provided to the limited liability partnership by certified mailed or notice of service to be provided to the partner- ship by email. Section 7 amends section 339-n of the Real Property Law to authorize the state and municipalities to serve process electronically on the Secre- tary of State and for a copy of such process to be provided to the condominium board of managers by certified mailed or notice of service to be provided to the condominium board of managers by email. Section 8 provides for an effective date of one hundred eighty days after it shall have become law.

Filed with the bill. Read it on nysenate.gov (opens in a new tab)

Where it stands

Signed into law.

Introduced
In committee
Up for a vote
Passed one chamber
Passed
Enacted

Committee

Corporations, Authorities and Commissions · New York State Assembly

Also referred to Corporations, Authorities And Commissions · New York State Senate, Rules · New York State Assembly, Rules · New York State Senate.

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The sponsor's argument

Why Monica Martinez says this is needed

Most corporations, business entities, and not-for-profit corporations formed or authorized to do business in New York must designate the Secretary of State as agent for service of process. The Department of State is served with process approximately 130,000 times annually. Process received must be promptly sent by certified mail to the entity being sued or notice provided electronically for those entities that have opted into electronic service of process (ESOP). The manual proc- ess employed by DOS as it relates to certified mailings is inefficient, costly and creates risks that the entity will not receive prompt notice of the pending litigation. Those serving the Secretary of State as agent of the corporation or other business entity, must create hard copies of the process and travel to Albany to effectuate service, unless the enti- ty being sued has opted into ESOP. This can be costly and time consuming as well. This proposal will allow the state and municipalities to electronically serve the Secretary of State even when business entities have not opted into ESOP. In those instances, DOS would print and transmit process to the entity served via certified mail, thus reducing the amount of time and effort it takes the state and municipalities to serve the Secretary of State and alerting business entities of the process much sooner. This would specifically reduce a burden on New York City which serves a significant amount of process on the Secretary of State in connection with a local NYC law.

This is the sponsor's own case for the bill, quoted from their memorandum. It is not Agora's description of what the bill does.

Recorded votes

Vote: Floor vote
NY SenateMay 29, 2026Result: passedSenate vote on A11390, the matching Assembly bill.
(58) (0) (0) (5)
Vote: Committee vote · Corporations, Authorities And Commissions
Senate Corporations, Authorities And CommissionsMay 19, 2026Result: passed
(7) (0) (0) (0)
Vote: Floor vote
NY SenateJun 12, 2025Result: passed
(59) (0) (0) (4)
Vote: Committee vote · Rules
Senate RulesJun 12, 2025Result: passed
(20) (0) (0) (1)

Full history

Aug 28, 2026
Signed
SIGNED CHAP.277
NY Assembly
Aug 21, 2026
Sent to the executive
DELIVERED TO GOVERNOR
NY Assembly
May 29, 2026
3RD Reading CAL.1224
3RD READING CAL.1224
NY Senate
May 29, 2026
Sent to the executive
DELIVERED TO SENATE
NY Assembly
May 29, 2026
Passed a chamber
PASSED ASSEMBLY
NY Assembly

Show full history (17 earlier events)

May 29, 2026
Passed a chamber
PASSED SENATE
NY Senate
May 29, 2026
Referred to committee
REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS
NY Senate
May 29, 2026
Substituted
SUBSTITUTED BY A11390
NY Senate
May 28, 2026
Reported out of committee
REPORTED
NY Assembly
May 28, 2026
Rules Report CAL.255
RULES REPORT CAL.255
NY Assembly
May 21, 2026
Advanced to Third Reading
ADVANCED TO THIRD READING
NY Senate
May 21, 2026
Reported out of committee
REPORTED REFERRED TO RULES
NY Assembly
May 20, 2026
2ND Report CAL.
2ND REPORT CAL.
NY Senate
May 19, 2026
1ST Report CAL.1224
1ST REPORT CAL.1224
NY Senate
May 15, 2026
Referred to committee
REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS
NY Assembly
Jan 7, 2026
Died in Assembly
DIED IN ASSEMBLY
NY Assembly
Jan 7, 2026
Referred to committee
REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS
NY Senate
Jun 12, 2025
Sent to the executive
DELIVERED TO ASSEMBLY
NY Senate
Jun 12, 2025
Ordered to Third Reading CAL.1938
ORDERED TO THIRD READING CAL.1938
NY Senate
Jun 12, 2025
Passed a chamber
PASSED SENATE
NY Senate
Jun 12, 2025
Referred to committee
REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS
NY Assembly
Jun 8, 2025
Referred to committee
REFERRED TO RULES
NY Senate

Read the record

Read on NY Senate (opens in a new tab) The official record on nysenate.gov.