§ 4-99-109 — Irrevocable consent appointing Secretary of State to act as seller's attorney to receive service - Conditions of effective service

(a) A telephonic seller shall file with the Secretary of State, in the form prescribed by the Secretary of State, an irrevocable consent appointing the Secretary of State to act as the seller's attorney to receive service of any lawful process in any noncriminal suit, action, or proceeding against the seller or the seller's successor, executor, or administrator, that may arise under this chapter, when the agent designated in the seller's registration filing cannot with reasonable diligence be found at the address designated or if no agent has been designated pursuant thereto. (b) When service is made upon the Secretary of State in conformance with this section, it has the same force and validity as if served personally on the seller. (c) Service may be made by leaving a copy of the process with the Secretary of State, but service is not effective until both of the following are done: (1) When service is effected under this section, the plaintiff shall forthwith send by certified first class mail, return receipt requested, a notice of the service and a copy of the process to the defendant or respondent at the last address on file with the Secretary of State; and (2) The plaintiff's affidavit of compliance with this section shall be filed in the case on or before the return date of the process, if any, or within such further time as the court allows.

Legislative History

Amended by Act 2017, No. 728,§ 6, eff. 1/1/2018. Acts 1993, No. 137, § 8.