Service of Legal Process on Persons or Entities Regulated by the Department of Financial Services

The Superintendent is authorized pursuant to the Banking Law and Insurance Law to accept service of process for certain persons and entities as set forth below. It is the responsibility of the person seeking to serve process to correctly identify the person or entity to be served and to ensure that the Superintendent is authorized to accept such service.

With three limited exceptions listed below, the Superintendent only accepts papers used to commence a lawsuit (e.g., a summons, notice of petition, order to show cause) pursuant to which a party receives formal notice to appear or respond in court (“process”). The Superintendent does NOT accept subpoenas, motions, or any other legal documents that are not described herein.

Service Pursuant to the Banking Law

Branches, Agencies, and Representative Offices of Foreign Banks and Out-of-State Trust Companies

The Superintendent ONLY accepts service of process pursuant to the Banking Law in two limited situations: (1) on behalf of New York branches, agencies and representative offices of foreign banks if the action relates to their business activities in New York State; and (2) on behalf of trust companies organized in other states who are acting as fiduciaries in the State of New York who have formally appointed the Superintendent as agent for service of process pursuant to New York Banking Law Section 131.3.

The Superintendent DOES NOT otherwise accept service on behalf of entities regulated pursuant to the Banking Law. Accordingly, process MAY NOT be served on the Superintendent for any of the following entities:

  • Federally Chartered Banks
  • New York Chartered Banks
  • Federally Chartered Credit Unions
  • New York Chartered Credit Unions
  • Limited Purpose Trust Companies
  • Private Bankers
  • Article XII Investment Companies
  • Licensed Lenders
  • Check Cashers
  • Money Transmitters
  • Sales Finance Companies
  • Premium Finance Companies
  • Budget Planners
  • Mortgage Bankers
  • Mortgage Brokers
  • Student Loan Servicers.

These regulated entity types have not appointed the Superintendent as their agent for service of process. These regulated entities must be served directly.

How to Serve Process Pursuant to the Banking Law

Process may be served on the Superintendent as agent for service of process in either of the two situations described above electronically, by mail, or in person. Electronic service of process pursuant to the Banking Law is preferred and the Superintendent will waive the statutory fee of $2.00 when process is served electronically. To serve process electronically, email a complete copy of the process to [email protected].  The subject line of the email should clearly state that the email seeks to serve process and name the entity to be served.

To serve process by mail or in person, two copies of such process must be delivered to the New York State Department of Financial Services, One State Street, New York, NY 10004. For a foreign branch, agency, or representative office, also provide a check for $2.00 made payable to the "Superintendent of Financial Services."

Service Pursuant to the Insurance Law

Insurance Companies, Authorized Fraternal Benefit Societies, Registered Risk Retention Groups, Mortgage Guaranty Segregated Trusts, Licensed Captive Insurers, Registered Purchasing Groups, Licensed Life Settlement Providers, and Registered Life Settlement Intermediaries

Process may be served upon the Superintendent on behalf of an insurance company or fraternal benefit society authorized to do an insurance business in New York State (see Insurance Law Section 1212); a risk retention group registered in New York State (see Insurance Law Section 5904), with respect to a contract delivered or issued for delivery, or on a cause of action arising, in New York State; a mortgage guaranty segregated trust that has designated the Superintendent as its agent for service of process (see Insurance Law Section 6501(g)); or a licensed captive insurer (see Insurance Law Section 7003(b)). Process also may be served on the Superintendent on behalf of an unauthorized (i.e. “unlicensed”) insurance company (see Insurance Law Section 1213) when such company engages in certain activities specified in Insurance Law Section 1213, including issuing or delivering insurance contracts to New York State residents.

In addition to process, other legal documents may be served upon the Superintendent solely on behalf of a registered purchasing group (see Insurance Law Section 5908), licensed life settlement provider (see Insurance Law Section 7803), or registered life settlement intermediary (see Insurance Law Section 7804).

The Superintendent does NOT accept service of process under the Insurance Law for actions against insurance groups, the Motor Vehicle Accident Indemnity Corporation, the New York State Insurance Fund, insurance agents or brokers, insurance adjusters, health maintenance organizations, or other persons or insurance entities not described above.

Service Fees

If the action is being brought against a licensed insurance company, fraternal benefit society, or licensed captive insurer, you must provide one copy of the process and a $40 check or money order made payable to “Superintendent of Financial Services.”

If the action is being brought against an unlicensed insurance company, you must provide two copies of the process with the name and last known address of the principal place of business of the insurance company being served and a $40 check or money order made payable to “Superintendent of Financial Services.”

If the action is being brought against a licensed life settlement provider or registered life settlement intermediary, you must provide two copies of the process or legal documents and a $40 check or money order made payable to “Superintendent of Financial Services.”

If the action is being brought against a registered risk retention group or registered purchasing group, you must provide two copies of the process (or in the case of a registered purchasing group, two copies of the legal documents) and a $20 check or money order made payable to “Superintendent of Financial Services.”

Service Fees and Multiple Companies

The Superintendent will accept one check or money order if one or more persons or entities are being served. However, if payment is made with a single check or money order and the process or legal documents are unacceptable as improper service upon any of the parties being served (for example, if the name of the insurance company is incorrect), all of the papers you attempt to serve will be returned, meaning that service of process will not have been effected upon any of the companies.

Location for Service Pursuant to Insurance Law

Service may be made by mailing or delivering the process or legal documents to the Superintendent as follows:

  • By mail:
    • Addressed to New York State Department of Financial Services, Corporate Affairs Unit, One Commerce Plaza - 20th Floor, Albany, New York 12257.
    • Addressed to New York State Department of Financial Services, Office of General Counsel, One State Street, New York, New York 10004.
  • In person: In-person service is by appointment only at New York State Department of Financial Services, Office of General Counsel, One State Street, New York, NY 10004, or One Commerce Plaza, Albany, NY 12257.  To make an appointment for in-person service of process, send an e-mail at least one business day in advance to [email protected] and someone will schedule an appointment for you.

Service on the Department of Financial Services

Direct service on the Department of Financial Services may be made by mailing or delivering the papers to the Department as follows:

  • By mail: addressed to New York State Department of Financial Services, Office of General Counsel, One State Street, New York, New York 10004.
  • In person: In-person service is by appointment only at New York State Department of Financial Services, Office of General Counsel, One State Street, New York, NY 10004, or One Commerce Plaza, Albany, NY 12257. To make an appointment for in-person service of process, send an e-mail at least one business day in advance to [email protected] and someone will schedule an appointment for you.