79-16-21 - Service of process.

§ 79-16-21. Service of process.
 

(1)  The registered agent so appointed by a foreign business trust authorized to transact in this state shall be an agent of such foreign business trust upon whom any process, notice or demand required or permitted by law to be served upon the foreign business trust may be served. 

(2)  A foreign business trust may be served by registered or certified mail, return receipt requested, addressed to a trustee of the foreign business trust at its principal office shown on its application for a certificate of authority if the foreign business trust: 

(a) Has no registered agent or its registered agent cannot with reasonable diligence be served; 

(b) Has withdrawn from transacting business in the State of Mississippi; or 

(c) Has had its certificate of authority revoked. 

(3)  Service is perfected under subsection (2) at the earliest of: 

(a) The date the foreign business trust receives the mail; 

(b) The date shown on the return receipt, if signed on behalf of the foreign business trust; or 

(c) Five (5) days after its deposit in the United States mail, if mailed postpaid and correctly addressed. 

(4)  This section does not prescribe the only means, or necessarily the required means, of serving a foreign business trust. 
 

Sources: Laws,  1998, ch. 428, § 11, eff from and after July 1, 1998.