50-6a08. Non-participating manufacturers; resident agent, appointment, substitution, resignation, death; consent to jurisdiction.
50-6a08
50-6a08. Non-participating manufacturers; residentagent, appointment, substitution, resignation, death; consent tojurisdiction.(a) Any non-participating manufacturer that has notregistered with the secretary of state to do business in the state as a foreigncorporation or business entity shall, as a condition precedent to having itsbrand families included or retained in the directory, appoint and continuallyengage without interruption the services of an agent in this state to act asagent for the service of process on whom all process, and any action orproceeding against it concerning or arising out of the enforcement of this actmay be served in any manner authorized by law. Such service shall constitutelegal and valid service of process on the non-participating manufacturer. Thenon-participating manufacturer shall provide to the attorney general the name,address, phone number, proof of the appointment and availability of suchresident agent, and such information shall be provided to the satisfaction ofthe attorney general.
(b) (1) A non-participating manufacturer may substitute itsresident agent for another by notifying, in writing sent viacertified or registered mail, the attorney general of such termination of theauthority of the current agent and providing proof to thesatisfaction of the attorney general of the appointment of a new agent. Suchsubstitution shall not become effective until 30 days after receipt of suchnotification by the attorney general.
(2) A resident agent of a non-participating manufacturer that wishes toresign shall notify the attorney general, in writing via certified orregistered mail, and provide to the attorney general the name and address ofthe successor agent. There shall be attached to the notification a statement ofeach affected non-participating manufacturer ratifying suchchange of resident agent. Upon receipt of such notification by the attorneygeneral, the successor resident agent shall become the resident agent of suchnon-participating manufacturers that have ratified and approved thesubstitution.
(3) (A) A resident agent of a non-participating manufacturer may resignwithout appointing a successor by notifying, in writing sent via certified orregistered mail, the attorney general. Such resignation shall not becomeeffective until 60 days after receipt of such notification by the attorneygeneral. There shall be attached to the notification an affidavit by theresident agent, if an individual, or by the authorized officer, if acorporation or other business entity, attesting that at least 30 daysprior to the expiration of the 60-day period, notice was sent via certified orregistered mail to the designated contact of the non-participating manufacturerfor which such resident agent was acting that such agent was resigning itsposition.
(B) After receipt of the notice of resignation of its resident agent, thenon-participating manufacturer for which such resident agent was acting shallobtain and designate a new resident agent to take the place of the resigningresident agent. If such non-participating manufacturer fails to obtain anddesignate a new resident agent and provide notice thereof, in writing viacertified or registered mail, to the attorney general prior to the expirationof the 60-day period provided in subparagraph (A), such non-participatingmanufacturer shall be removed from the directory.
(4) If a resident agent of a non-participating manufacturer dies, thenon-participating manufacturer shall have 30 days after the death of suchresident agent to appoint and notify, in writing via certified or registeredmail, the attorney general of the non-participating manufacturer'snew resident agent. Service upon the non-participating manufacturer after thedeath of such agent but prior to the appointment of a new agent shall be hadupon the secretary of state. Failure by the non-participating manufacturer toappoint a new resident agent, and provide proof of such appointment to thesatisfaction of the attorney general prior to the expiration of the 30-dayperiod shall result in removal from the directory.
(5) After the resignation of the resident agent becomes effective as providedin subparagraph (3)(A), or after the death of such resident agent as providedin paragraph (4), and if no new resident agent is obtained and notification isprovided in the time and manner required in this section, then service ofprocess against the non-participating manufacturer for which the previousresident agent had been acting shall thereafter be made upon the secretary ofstate in the manner prescribed by K.S.A. 60-304, and amendments thereto.
(c) A non-participating manufacturer shall provide irrevocable writtenconsent that actions brought under this act may be commenced against it in thedistrict court of the third judicial district,Shawnee county, Kansas, by service of process on the appointed service ofprocess agent designated pursuant to this section.
(d) A resident agent may change the resident agent's address when appointedto accept service ofprocess on behalf of a non-participating manufacturer for which suchagent is a resident agent, toanother address in this state by mailing a letter, via certified or registeredmail, to the attorney general.The letter shall be on company letterhead and executed by the resident agent.The letter shall containthe following:
(1) The names of all non-participating manufacturers represented by theresident agent;
(2) the address at which the resident agent has maintained the residentagent's office for eachmanufacturer;
(3) a certification of the new address to which the resident agent's addresswill be changed to on agiven day; and
(4) a certification at which the resident agent will thereafter maintain theresident agent's address foreach of the non-participating manufacturers recited in the letter.
Upon the filing of the letter with the attorney general and thereafter,or until further change of address,as authorized by law, the office address of the resident agent recited in theletter shall be located at thenew address of the resident agent as provided in the letter.
History: L. 2009, ch. 110, § 2; July 1.