Section 10-2B-15.45 Service of process on foreign corporation acting in fiduciary capacity.
Section 10-2B-15.45
Service of process on foreign corporation acting in fiduciary capacity.
Every foreign corporation acting in a fiduciary capacity in this state pursuant to the terms of this division shall be deemed to have appointed the Commissioner of Revenue to be its true and lawful attorney upon whom may be served all legal process in any action or proceeding against it relating to or growing out of any trust, estate or matter in respect of which such foreign corporation shall have acted in this state in any fiduciary capacity. Service of such process shall be made by delivering a copy of the summons or other process, with a copy of the petition or complaint when service of such copy is required by law, to the Commissioner of Revenue or to any person in his or her office authorized by him or her to receive such service. The Commissioner of Revenue shall immediately forward such process, together with the copy of the petition or complaint, if any, to such foreign corporation by registered or certified mail, addressed to it at the address on file with the commissioner or, if there is none on file, then at its last known address. The Commissioner of Revenue shall keep a permanent record in his or her office showing all for all process served, the style of the action or proceeding, the court in which it was brought, the name and title of the officer serving such process, the day and hour of service, the day of mailing by registered or certified mail to such foreign corporation and the address to which mailed. In case such process is issued by a magistrate or other inferior court, the same may be directed to and served by an officer authorized to serve process in the city or county where the Commissioner of Revenue shall have his or her office at least 30 days before the return thereof.
(Acts 1994, No. 94-245, p. 343, §1.)