Sec. 34-532. Appointment of agent for service of process.
Sec. 34-532. Appointment of agent for service of process. (a) Each foreign statutory trust shall, before transacting business in this state, appoint in writing an agent upon
whom all process, in any action or proceeding against it, may be served, and by such
appointment the foreign statutory trust shall agree that any process against it which is
served on such agent shall be of the same legal force and validity as if served on the
foreign statutory trust in this state.
(b) A foreign statutory trust's agent for service upon whom process may be served
shall be: (1) The Secretary of the State and his successors in office; (2) a natural person
who is a resident of this state; (3) a domestic corporation; (4) a corporation not organized
under the laws of this state which has procured a certificate of authority to transact
business or conduct its affairs in this state; (5) a domestic limited liability company; (6)
a limited liability company not organized under the laws of this state which has procured
a certificate of registration to transact business or conduct its affairs in this state; (7) a
domestic registered limited liability partnership; (8) a registered limited liability partnership not organized under the laws of this state and which has procured a certificate of
authority to transact business or conduct its affairs in this state; (9) a domestic statutory
trust; or (10) a foreign statutory trust which has procured a certificate of registration to
transact business or conduct its affairs in this state.
(c) A foreign statutory trust's appointment of the Secretary of the State and his
successors in office as its initial agent upon whom process may be served shall be
included in the application for registration as provided in section 34-531. A subsequent
appointment of the Secretary of the State and his successors in office as a foreign statutory trust's agent upon whom process may be served shall be filed in the office of the
Secretary of the State in such form as the secretary shall prescribe.
(d) A foreign statutory trust's appointment of a natural person or an entity set forth
in subdivisions (2) to (10), inclusive, of subsection (b) of this section as its initial agent
upon whom process may be served shall be included in the application for registration
as provided in section 34-531. A foreign statutory trust's subsequent appointment of
any such natural person or entity as its agent upon whom process may be served shall
be filed with the Secretary of the State in such form as the secretary shall prescribe
setting forth: (1) The name of the foreign statutory trust; (2) the name of such agent;
(3) a statement of acceptance by the statutory agent therein appointed; and (4) if such
agent is a natural person, the business and residence addresses thereof; if such agent is
an entity organized under the laws of this state, the address of the principal office thereof;
if such agent is an entity not organized under the laws of this state, the address of the
principal office thereof in this state. In each case, the address shall include the street
and number or other particular designation. All subsequent written appointments filed
with the Secretary of the State shall be signed by a trustee of the foreign statutory trust
and, if other than the Secretary of the State, by the statutory agent therein appointed.
(e) If an agent dies, dissolves, removes from the state or resigns, the foreign statutory
trust shall forthwith appoint another agent upon whom process may be served. If such
agent changes his or its address within the state from that appearing upon the records
in the office of the Secretary of the State, the foreign statutory trust or agent shall forthwith file with the Secretary of the State a signed statement in duplicate to that effect.
The Secretary of the State shall forthwith file one copy and mail the other copy of such
statement, together with notice that as a result of the failure to comply with this section,
the authority to transact business in this state of such foreign statutory trust shall be
deemed to have been revoked, by certified mail, to the foreign statutory trust at the office
designated in the application for registration filed pursuant to section 34-531. Upon the
expiration of one hundred twenty days after the mailing of such notice, the resignation
shall be effective and the authority of the foreign statutory trust to transact business in
this state shall be revoked unless a new agent has been appointed as provided in this
section within such one-hundred-twenty-day period. A foreign statutory trust may revoke the appointment of an agent upon whom process may be served by making a new
appointment as provided in this section and any new appointment so made revokes all
appointments theretofore made.
(f) Whenever a foreign statutory trust fails to comply with this section, the authority
of such foreign statutory trust shall be deemed to have been revoked.
(P.A. 96-271, S. 240, 254; P.A. 04-240, S. 22.)
History: P.A. 96-271 effective October 1, 1997; P.A. 04-240 amended Subsec. (b) by making technical changes, revising
Subdivs. (3) and (4) re corporations as agents for service, adding new Subdiv. (5) and redesignating existing Subdiv. (5)
as Subdiv. (6) re limited liability companies as agents for service and adding Subdivs. (7) to (10) re registered limited
liability partnerships and statutory trusts as agents for service, amended Subsec. (d) by making conforming changes re
entities set forth in Subsec. (b) and making technical changes and amended Subsecs. (e) and (f) by making technical
changes.