Sec. 34-533. Service of process on statutory agent.
Sec. 34-533. Service of process on statutory agent. (a) Any process, notice or
demand in connection with any action or proceeding required or permitted by law to be
served upon a foreign statutory trust authorized to transact business in this state which
is subject to the provisions of section 34-532 may be served upon the foreign statutory
trust's statutory agent for service by any proper officer or other person lawfully empowered to make service.
(b) A foreign statutory trust's agent upon whom process may be served shall be as
follows: When the Secretary of the State and his successors have been appointed such
statutory trust's agent for service of process, 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 mails, 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, and, within two business days
after such service, forward by registered or certified mail the other copy of such process
to the statutory trust at the address of the office designated in the application for registration filed pursuant to section 34-532. Service so made shall be effective as of the date
and hour received by the Secretary of the State as shown on his records. If it appears
from the records of the Secretary of the State that such a foreign statutory trust has failed
to appoint or maintain a statutory agent for service, or if it appears by affidavit attached
to the process, notice or demand of the officer or other proper person directed to serve
any process, notice or demand upon such a foreign statutory trust's statutory agent for
service appearing on the records of the Secretary of the State that such agent cannot,
with reasonable diligence, be found, service of such process, notice or demand on such
foreign statutory trust may, when timely made, be made by such officer or other proper
person by: (1) Leaving a true and attested copy thereof together with the required fee
at the office of the Secretary of the State or depositing the same in the United States
mails, by registered or certified mail, postage prepaid, addressed to said office; and (2)
depositing in the United States mails, by registered or certified mail, postage prepaid,
a true and attested copy thereof, together with a statement by such officer that service
is being made pursuant to this section, addressed to such foreign statutory trust at the
address of the office designated in the certificate of trust in the state of formation as
shown on the records of such state.
(c) The Secretary of the State shall file the copy of each process, notice or demand
received by him as provided in subsection (b) of this section, and keep a record of the
day and hour of such receipt. Service made as provided in this section shall be effective
as of such day and hour.
(d) Nothing contained in this section shall limit or affect the right to serve any
process, notice or demand required or permitted by law to be served upon a statutory
trust in any other manner permitted by law.
(P.A. 96-271, S. 241, 254.)
History: P.A. 96-271 effective October 1, 1997.