§ 38-01-10 — Exploration organizations - Agent - Service of process

Each person, firm, association, partnership, corporation, or limited liability company
exploring for oil, gas, coal, or other minerals in this state shall appoint an agent who must be
registered with the secretary of state for the purpose of accepting service for any nonresident
representative of the person or organization.
Whenever such a person or organization fails to appoint or maintain a registered agent in
this state, or whenever the registered agent cannot with reasonable diligence be found at the
registered office, the secretary of state is an agent of such person or organization upon whom
any such process, notice, or demand may be served. Service on the secretary of state of any
such process, notice, or demand must be made by delivering to and leaving with the secretary
of state, or any clerk having charge of the corporation department of the office of the secretary
of state, duplicate copies of such process, notice, or demand. In the event any such process,
notice, or demand is served on the secretary of state, the secretary of state shall immediately
cause one of the copies thereof to be forwarded by registered or certified mail, addressed to the
person or organization at the person's or organization's registered office or to the nonresident
representative at that person's filed address, as the case may be. Any such service on the
secretary of state shall be returnable in not less than thirty days.
The secretary of state shall keep a record of all processes, notices, and demands served
upon the secretary of state under this section, and shall record therein the time of such service
and the secretary of state's action with reference thereto.
Nothing in this section limits or affects the right to serve any process, notice, or demand
required or permitted by law to be served in any other manner permitted by law.