§ 453D.4 — Agent for service of process

Iowa § 453D.4

• Jurisdiction: Iowa
• Title X: FINANCIAL RESOURCES
• Ch. 453D: TOBACCO PRODUCT MANUFACTURERS — ENFORCEMENT OF FINANCIAL OBLIGATIONS

Text

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 the nonparticipating manufacturer’s brand family included or retained
in the directory, appoint and continually engage without interruption the services of an
agent in this state to act as agent for 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 chapter or chapter 453C, may be served in any manner
authorized by law. The service shall constitute legal and valid service of process on the
nonparticipating manufacturer. The nonparticipating manufacturer shall provide the name,
address, telephone number, and proof of the appointment and availability of the agent to,
and to the satisfaction of, the director and the attorney general.
2. The nonparticipating manufacturer shall provide notice to the director and the attorney
general 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
§453D.4, TOBACCO PRODUCT MANUFACTURERS’ FINANCIAL OBLIGATIONS 4
at least five calendar days prior to the termination of the existing agent appointment. In the
event an agent terminates an agency appointment, the nonparticipating manufacturer shall
notify the 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, who has
not appointed or designated an agent as required, shall be deemed to have appointed the
secretary of state as 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 agent shall not satisfy the condition precedent for having the brand families of the
nonparticipating manufacturer included or retained in the directory.