§ 51-04-07 — Service of process - Appointment of agent

1. A transient merchant may not engage in any temporary business, or be licensed by
any city, without first having complied with this section.
2. Prior to the issuance of a transient merchant license and approval of the transient
merchant's bond, the applicant shall in writing appoint the attorney general as the

applicant's agent to accept service of process in any action or proceeding involving the
applicant and arising out of the sale for which the license is sought.
3. Each transient merchant required by the attorney general to do so shall appoint an
agent in this state who is a resident of this state. The agent shall accept service of
process on behalf of the transient merchant in any suit filed against the transient
merchant and the agent is responsible for processing any warranty, claim, or
merchandise sold by the transient merchant.
4. The name and street address of the agent must be filed with the attorney general's
office. In addition, the name and address of the agent must be furnished in writing to
each person purchasing an item from the transient merchant along with a written
statement that the agent is the proper person to accept service of process in any suit
filed against the vendor and is the proper person to process any warranty claim.