§ 39-28-304 — Agent for service of process

(1) A nonresident or foreign
nonparticipating manufacturer that has not registered to do business in the state as
a foreign corporation or business entity shall, as a condition precedent to having its
brand families listed or retained in the directory, appoint and continually engage
without interruption the services of an agent in the state to act as an agent for the
service of process on whom all process, and any action or proceeding against the
nonparticipating manufacturer concerning or arising out of the enforcement of this
part 3 and the tobacco escrow funds act, may be served in any manner authorized
by law. Such service shall constitute legal and valid service of process on the
nonparticipating manufacturer. The nonparticipating manufacturer shall provide
the name, address, phone number, and proof of the appointment and availability of
the agent to and to the satisfaction of the executive director of the department and
the attorney general.

(2) A nonparticipating manufacturer shall provide notice to the executive
director of the department and the attorney general at least thirty calendar days
prior to termination of the authority of an agent and shall further provide proof to
the satisfaction of the attorney general of the appointment of a new agent at least
five calendar days prior to the termination of an existing agent appointment. In the
event an agent terminates an agency appointment, the nonparticipating
manufacturer shall notify the executive director and the attorney general of the
termination within five calendar days and shall include proof to the satisfaction of
the attorney general of the appointment of a new agent.

(3) A nonparticipating manufacturer whose products are sold in this state
without appointing or designating an agent as herein required shall be deemed to
have appointed the secretary of state as the agent and may be proceeded against
in the courts of this state by service of process upon the secretary of state.
However, the appointment of the secretary of state as the agent shall not satisfy
the condition precedent to having the nonparticipating manufacturer's brand
families listed or retained in the directory.

Legislative History

Source: L. 2003: Entire part added, p. 1757, � 1, effective May 14.