Sec. 33-929. Service of process on foreign corporation.
Sec. 33-929. Service of process on foreign corporation. (a) The registered agent
of a foreign corporation authorized to transact business in this state is the corporation's
agent for service of process, notice or demand required or permitted by law to be served
on the foreign corporation. When the registered agent is other than the Secretary of the
State and his successors in office, service may be effected by any proper officer or other
person lawfully empowered to make service by leaving a true and attested copy of the
process, notice or demand with such agent or, in the case of an agent who is a natural
person, by leaving it at such agent's usual place of abode in this state.
(b) A foreign corporation may be served by any proper officer or other person lawfully empowered to make service by registered or certified mail, return receipt requested,
addressed to the secretary of the foreign corporation at its principal office shown in its
application for a certificate of authority or in its most recent annual report if the foreign
corporation: (1) Has no registered agent or its registered agent cannot with reasonable
diligence be served; (2) has withdrawn from transacting business in this state under
section 33-932; or (3) has had its certificate of authority revoked under section 33-936.
(c) When the Secretary of the State and his successors in office have been appointed
a foreign corporation's registered agent, a foreign corporation may be served by any
proper officer or other person lawfully empowered to make service by leaving two true
and attested copies thereof together with the required fee at the office of the Secretary
of the State or depositing the same in the United States mail, by registered or certified
mail, postage prepaid, addressed to said office. The Secretary of the State shall file one
copy of such process and keep a record of the date and hour of such receipt. He shall,
within two business days after such service, forward by registered or certified mail the
copy of such process to the corporation at the address of its principal office as last shown
on his records.
(d) Service is effective under subsection (b) of this section at the earliest of: (1) The
date the foreign corporation receives the mail; (2) the date shown on the return receipt,
if signed on behalf of the foreign corporation; and (3) five days after its deposit in the
United States mail, as evidenced by the postmark, if mailed postage prepaid and correctly
addressed. In the case of service on the Secretary of the State, service so made shall be
effective as of the date and hour received by the Secretary of the State as shown on his
records.
(e) Every foreign corporation which transacts business in this state in violation of
section 33-920 shall be subject to suit in this state upon any cause of action arising out
of such business.
(f) Every foreign corporation shall be subject to suit in this state, by a resident of
this state or by a person having a usual place of business in this state, whether or not such
foreign corporation is transacting or has transacted business in this state and whether or
not it is engaged exclusively in interstate or foreign commerce, on any cause of action
arising as follows: (1) Out of any contract made in this state or to be performed in this
state; (2) out of any business solicited in this state by mail or otherwise if the corporation
has repeatedly so solicited business, whether the orders or offers relating thereto were
accepted within or without the state; (3) out of the production, manufacture or distribution of goods by such corporation with the reasonable expectation that such goods are
to be used or consumed in this state and are so used or consumed, regardless of how or
where the goods were produced, manufactured, marketed or sold or whether or not
through the medium of independent contractors or dealers; or (4) out of tortious conduct
in this state, whether arising out of repeated activity or single acts, and whether arising
out of misfeasance or nonfeasance.
(g) In any action brought under subsection (e) or (f) of this section, or in any foreclosure or other action involving real property located in this state in which a foreign
corporation, although not transacting business in this state, owns or claims to own an
interest, service of process on such corporation may be made as provided in subsection
(b) of this section, except that the service shall be addressed to the corporation at its
principal office or, if it has no such office or the address of such office is not known,
to such corporation's last office as shown in the official registry of the state or country
of its incorporation, which address shall be set forth in the writ or other process.
(h) This section does not prescribe the only means, or necessarily the required
means, of serving a foreign corporation.
(P.A. 94-186, S. 193, 215; P.A. 96-271, S. 140, 141, 254; P.A. 97-246, S. 36, 99; June Sp. Sess. P.A. 98-1, S. 23, 121.)
History: P.A. 94-186 effective January 1, 1997; P.A. 96-271 amended Subsec. (a) to add provision authorizing service
to be effected by leaving a copy with the agent or, in the case of an agent who is a natural person, at the agent's usual place
of abode and amended Subsec. (c) to make technical changes, effective January 1, 1997; P.A. 97-246 amended Subsec.
(a) to provide that the manner of service specified is applicable when the registered agent is other than the Secretary of
the State and his successors in office and authorize service by any proper officer or other person lawfully empowered to
make service, amended Subsec. (b) to authorize service by any proper officer or other person lawfully empowered to make
service, designated as Subsec. (c) provisions formerly part of Subsec. (b) re manner of service when the Secretary of the
State has been appointed registered agent and amended said Subsec. to delete provision that limited applicability to service
of foreign corporations authorized to transact business in this state, replace "executive offices" with "principal office" and
make technical changes, redesignated former Subsec. (c) as Subsec. (d) and amended said Subsec. to make provision re
effective date and time of service on the Secretary of the State a separate sentence rather than Subdiv. (4) and make technical
changes, redesignated former Subsecs. (d) and (e) as Subsecs. (e) and (f), respectively, added new Subsec. (g) re the manner
of service in an action under Subsec. (e) or (f) or in certain actions involving real property and redesignated former Subsec.
(f) as Subsec. (h), effective June 27, 1997; June Sp. Sess. P.A. 98-1 made a technical change in Subsec. (c), effective June
24, 1998.
See Sec. 1-2a re construing of references to "United States mail" or "postmark" to include references to any delivery
service designated by the Secretary of the Treasury pursuant to Section 7502 of the Internal Revenue Code of 1986 or any
successor to the code, as amended, and to any date recorded or marked as described in said Section 7502 by a designated
delivery service and construing of "registered or certified mail" to include any equivalent designated by the Secretary of
the Treasury pursuant to said Section 7502.
Annotations to former section 33-411:
Although certain activities may not constitute doing business in this state in determining whether a foreign corporation
requires a certificate to transact business in this state, such activities may suffice to subject a foreign corporation to service
of process. 152 C. 485. This procedural statute applied retroactively as it worked no hardship or injustice on defendant
and considerations of good sense so dictated. 157 C. 92. Foreign corporations are subject to suit in Connecticut under
broader scope than individuals. 160 C. 53. Cited. 166 C. 466. Cited. 190 C. 245. Cited. 234 C. 281. Cited. 236 C. 78; Id.,
602. Connecticut's "long arm" statutes cited. Id.
Cited. 7 CA 617. Cited. 9 CA 1. Cited. 10 CA 201.
Statute does not apply retrospectively to a claimed cause of action which arose before statute became effective. 23 CS
318. Cited. 24 CS 290 et seq. Where defendant, a foreign corporation with no office in Connecticut, which had not done
business in Connecticut, pleaded Connecticut had no jurisdiction to proceed against it in an action brought under this
statute, held "minimum contacts" test laid down by U.S. Supreme Court met since, on basis of facts alleged, there was a
contractual relation between the parties, a breach thereof and the commission of a tort by the furnishing of inadequate
specifications, and there was no violation of Connecticut law or the federal due process provisions. 26 CS 206. Cited. Id.,
226. Abuse of jurisdiction discussed. 40 CS 15. Cited. Id., 173. Cited. 42 CS 25.
Subsec. (a):
Cited 226. C. 773. P.A. 93-431 cited. Id.
Subsec. (b):
Cited. 198 C. 243.
Trial court concluded that solicitation of contracts or purchase orders within this state did not constitute "transaction
of business" subjecting defendants to our jurisdiction. See also section 33-397(b)(5). 33 CS 628. Cited. 42 CS 25.
Foreign hotel corporation, whose only contact with Connecticut was resident travel agency selling tickets for tours on
which hotel was regular stop, held not amenable to process by service on travel agency. 3 Conn. Cir. Ct. 400.
Subsec. (c):
Minimum contracts rule discussed. 190 C. 245. Cited. 198 C. 243. Subdiv. (2): For purposes of the statute a cause of
action arises from business solicited in this state if it was reasonably foreseeable that as a result the defendant could be
sued in this state "by a solicited person on a cause of action similar to that brought by plaintiffs"; "long arm" jurisdiction
discussed. 234 C. 281.
Cited. 24 CS 301. Constitutionality upheld. 25 CS 17. Subdiv. (4): Connecticut courts are without jurisdiction where
alleged injury from exploding champagne bottle, purchased in New York from defendant that was not alleged to have
done business in Connecticut. 29 CS 172 et seq. This subsection would probably apply to a Massachusetts business trust,
due to section 47-6a, but cannot apply to a Maryland business trust. 32 CS 124. Subdiv. (1): Defendant's conduct such
that it could reasonably anticipate suit in Connecticut should a dispute between it and plaintiff arise. 36 CS 262. Subdiv.
(3): Upon facts of case, defendant engaged in affirmative conduct establishing the requisite minimum contacts necessary
to support the statutory reach. 40 CS 173.
Subsec. (d):
Cited. 184 C. 471.
Failure to include address in writ is within intendment of section 52-123, "circumstantial defects not to abate pleadings".
24 CS 290. Subsection would probably apply to a Massachusetts trust due to section 47-6a. 32 CS 124.
Annotations to present section:
Subsec. (f):
Allegation of negligent misrepresentation qualifies as tortious conduct under Subdiv. (4), but plaintiff failed to present
facts sufficient to establish trial court's jurisdiction. 54 CA 506. Foreign corporation may be subject to suit in this state on
a cause of action arising out of business solicited in this state or out of tortious conduct in this state. 70 CA 309. Third
party complaint against foreign corporation that contained only one conclusory allegation of jurisdictional fact properly
dismissed for lack of personal jurisdiction because it failed to satisfy burden of establishing that court had personal jurisdiction over foreign corporation. Id.
Corporate defendant's motion to dismiss for lack of personal jurisdiction denied where trial court concluded that
defendant provided plaintiffs with employment packets that specified the terms and conditions of employment and defendant had a continuing obligation to ensure that plaintiffs were paid in full compliance with state's minimum wage law. 49
CS 441.