Sec. 4-28n. Cigarette manufacturers: Agents for service of process.
Sec. 4-28n. Cigarette manufacturers: Agents for service of process. (a) Any
nonparticipating manufacturer that has not registered to do business in this state, pursuant to title 33 or 34, as a foreign corporation or business entity shall, as a condition
precedent to having its brand families listed or retained in the directory maintained
pursuant to section 4-28m, appoint and continually engage without interruption the
services of an agent in this state to act as agent for the service of process on whom
all process and any action or proceeding against it concerning or arising out of the
enforcement of the provisions of sections 4-28h to 4-28r, inclusive, may be served in
any manner authorized by law. Such service shall constitute legal and valid service of
process on the nonparticipating manufacturer. The nonparticipating manufacturer shall
provide the name, address, telephone number and proof of the appointment and availability of such agent to, and to the satisfaction of, the commissioner and the Attorney
General.
(b) A nonparticipating manufacturer shall provide notice to the commissioner and
the Attorney General at least thirty calendar days prior to termination of the authority
of an agent and shall further provide proof, to the satisfaction of the commissioner and
the Attorney General, of the appointment of a new agent no less than five calendar days
prior to the termination of an existing agent appointment. In the event an agent terminates
an agency, the nonparticipating manufacturer shall notify the commissioner and the
Attorney General of such termination not later than five calendar days after such termination and shall include proof, to the satisfaction of the commissioner and the Attorney
General, of the appointment of a new agent.
(c) Any nonparticipating manufacturer whose products are sold in this state without
appointing or designating an agent as required in this section shall be deemed to have
appointed the Secretary of the State as such agent and may be proceeded against in
courts of this state by service of process upon the Secretary of the State, except that the
appointment of the Secretary of the State as such agent shall not satisfy the condition
precedent to having the brand families of the nonparticipating manufacturer listed or
retained in the directory.
(P.A. 04-218, S. 4.)