79-15-119 - Service of process.
§ 79-15-119. Service of process.
The registered agent so appointed by a foreign investment trust authorized to transact business in this state shall be an agent of such foreign investment trust upon whom any process, notice or demand required or permitted by law to be served upon the foreign investment trust may be served.
If the registered agent be a corporation, service of process upon it as such agent may be made at its registered office in this state by service on the president, a vice-president, an assistant vice-president, the secretary or an assistant secretary of such registered agent.
Whenever a foreign investment trust authorized to transact business in this state shall fail to appoint or maintain a registered agent in this state, or whenever any such registered agent cannot with reasonable diligence be found at the registered office, or whenever the certificate of authority of a foreign investment trust shall be suspended or revoked, then the secretary of state shall be an agent of such foreign investment trust upon whom any such process, notice or demand may be served. Service on the secretary of state of any such process, notice or demand shall be made by delivering to and leaving with him, or with a person in his office designated by him, two (2) true copies of such process, notice or demand and on payment of a fee of five dollars ($5.00). In the event any such process, notice or demand is served on the secretary of state, he shall immediately cause one (1) of such copies thereof to be forwarded by registered mail, addressed to the foreign investment trust at its principal office in the state or country under the laws of which it is organized.
When service is had on the secretary of state, no judgment shall be taken in the case until thirty (30) days after the date of such service.
The secretary of state shall keep a record of all processes, notices and demands served upon him under this section, and shall record therein the time of such service and his action with reference thereto.
Nothing herein contained shall limit or affect the right to serve any process, notice or demand required or permitted by law to be served upon an investment trust in any other manner now or hereafter permitted by law.
Sources: Laws, 1978, ch. 463, § 11, eff from and after July 1, 1978.