3.2-4208 - Agent for service of process.
§ 3.2-4208. Agent for service of process.
A. Any nonresident or foreign nonparticipating manufacturer that has notregistered to do business in the Commonwealth as a foreign corporation orbusiness entity shall, as a condition precedent to having its brand familieslisted or retained in the Directory, appoint and continually engage withoutinterruption the services of an agent in the Commonwealth to act as agent forthe service of process on whom all process, and any action or proceedingagainst it concerning or arising out of the enforcement of this article orArticle 1 (§ 3.2-4200 et seq.) of this chapter may be served in any mannerauthorized by law. Such service shall constitute legal and valid service ofprocess on the nonparticipating manufacturer. The nonparticipatingmanufacturer shall provide the name, address, phone number and proof of theappointment and availability of such agent to the satisfaction of theCommissioner and Attorney General. Any nonparticipating manufacturer locatedoutside of the United States shall, as an additional condition precedent tohaving its brand families listed or retained in the Directory, cause each ofits importers into the United States of any of its brand families to be soldin Virginia to appoint and continually engage without interruption theservices of an agent in the Commonwealth in accordance with the provisions ofthis section. All obligations of a nonparticipating manufacturer imposed bythis section with respect to appointment of its agent shall likewise apply tosuch importers with respect to appointment of their agents.
B. The nonparticipating manufacturer shall provide notice to the Commissionerand Attorney General 30 calendar days prior to termination of the authorityof an agent and shall further provide proof to the satisfaction of theAttorney General of the appointment of a new agent no less than five calendardays prior to the termination of an existing agency appointment. In the eventan agent terminates an agency appointment, the nonparticipating manufacturershall notify the Commissioner and Attorney General of said termination withinfive calendar days and shall include proof to the satisfaction of theAttorney 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 herein required, shall bedeemed to have appointed the Secretary of the Commonwealth as such agent andmay be proceeded against in courts of the Commonwealth by service of processupon the Secretary of the Commonwealth. The appointment of the Secretary ofthe Commonwealth as such agent shall not satisfy the condition precedent tohaving its brand families listed or retained in the Directory.
(2003, c. 798, § 3.1-336.7; 2008, cc. 758, 860.)