A person may be designated by a natural person, corporation or partnership as an agent for service in a writing, executed and acknowledged in the same manner as a deed, with the consent of the agent endorsed thereon. The writing shall be filed in the office of the clerk of the county in which the principal to be served resides or has its principal office. The designation shall remain in effect for three years from such filing unless it has been revoked by the filing of a revocation, or by the death, judicial declaration of incompetency or legal termination of the agent or principal.
R 318.Designation of agent for service.
Article 3. Jurisdiction and Service, Appearance and Choice of Court · Last amended 1987 · Last verified July 21, 2026
In one sentenceCPLR 318 lets a person, corporation, or partnership designate an agent to accept service of process, by a deed-style writing filed with the county clerk, effective for three years unless revoked or ended by death, incompetency, or termination.
Full Text of CPLR 318
Plain-English Summary
CPLR 318 gives a person, corporation, or partnership a way to choose its own agent for service of process, rather than relying only on the statutory agents that other laws assign, such as the Secretary of State for a foreign corporation. The designation names an agent who consents to the role in writing, endorsed on the same document.
That writing has to be executed and acknowledged the way a deed is, and it has to be filed with the clerk of the county where the principal resides or keeps its principal office. Once filed, the designation stays good for three years.
The designation ends earlier if someone files a revocation, or if the agent or the principal dies, is judicially declared incompetent, or otherwise reaches a legal termination -- the point at which the entity or person is no longer subject to suit. After that, serving the former agent no longer counts as service on the principal.
Frequently Asked Questions
How do I appoint an agent to accept service of process for me in New York?
Execute a writing designating the agent, acknowledged the way a deed is, with the agent's consent endorsed on it, and file it with the clerk of the county where you reside or have your principal office.
How long does a designation of agent for service last?
Three years from the date it's filed, unless it's revoked or ends earlier.
How can a designation be revoked before the three years run?
By filing a revocation, or automatically if the agent or the principal dies, is judicially declared incompetent, or reaches legal termination.
Does this replace a corporation's statutory agent, like the Secretary of State?
No, it adds to it. CPLR 318 gives an entity an added way to designate an agent of its own choosing, alongside statutory agent requirements in other laws.
Can a partnership designate an agent for service under this section?
Yes. Section 318 covers natural persons, corporations, and partnerships alike.
Advisory Committee Notes
This section is a simplification of CPA § 227, the principal change being elimination of the requirement that the designation be executed and acknowledged in the same manner as a deed. There is no greater need for such a safeguard in this instance than there is in many other situations where a simple writing suffices.
This section is designed to furnish a corporation and partnership as well as a natural person with a means of designating an agent of its own choice for service of process. It is intended to supplement the designation requirements of various statutes such as § 210 of the Gen Corp Law, which requires foreign corporations upon registration to appoint the Secretary of State as their agent for the service of process.
The statute of limitations is not tolled while the appointment made by an unfiled power of attorney is effective because the plaintiff would normally have no way of knowing of its existence. See CPA §§ 19(1), 227. Nevertheless, service on such an attorney would be effective under new CPLR § 308.
The phrase “legal termination” is intended to cover that time when the particular entity is no longer amenable to suit.
Amendment History
Add, L 1962, ch 308, § 1; amd, L 1987, ch 788, § 1, eff Nov 5, 1987.
Source & verification. Provision text, History, and Advisory
Committee Notes are reproduced verbatim from the Consolidated Laws of New York.
Last verified July 21, 2026.
· Official source
Also known as: designate agent for service of process New YorkNew York agent for service filing county clerkhow to appoint a service agent NYCPLR power of attorney service of process