60-306. Process service agent.

60-306

Chapter 60.--PROCEDURE, CIVIL
Article 3.--PROCESS

      60-306.   Process service agent.(a) Generally. Any individual, partnership, association orcorporation may file in the office of the secretary of state an instrumentappointing a resident of the state of Kansas as agent upon whom process forsuch person, fiduciary, company or corporation may be served, and consentingwithout limitation or exception other than as provided in this act that serviceof process may be issued out of any court upon such service agent as the agentof such individual, partnership, association or corporation. The instrumentappointing such service agent shall be acknowledged, shall state the residenceor office address of the service agent, and shall be recorded at length uponthe register of service agents and shall state that such designation is madepursuant to this section.

      (b)   Change of address. An appointment shall be amended, inwriting, andfiled with the secretary of state whenever the name or address of the serviceagent is no longer accurate.

      (c)   Period of appointment. The appointment shall remain in effect for aperiod of three years from the date of its filing unless revoked in writing,executed in the same manner as such appointment, which revocation shall berecorded and indexed in the register of service agents.

      (d)   Collection of fee. The fee for filing an appointment,amendment orrevocation shall be $20. The secretary of state shall remitall fees received pursuant to thissection to the state treasurer in accordance with the provisions ofK.S.A. 75-4215, and amendments thereto. Upon receipt of each suchremittance, thestate treasurer shall deposit the entire amount in the state treasury to thecredit of the information and copy servicefee fund created inK.S.A. 75-438, and amendments thereto.

      (e)   Effect of service upon agent. When any person, fiduciary orcorporation shall have appointed such a service agent and such appointmentremains unexpired and unrevoked, process issued in any action or proceedingagainst such person, fiduciary or corporation in any court may be served uponsuch service agent. Service by publication shall be of no force or effectwhere an appointment of service agent made and filed as herein provided remainsin effect, unless process showing upon its face the name and address of suchservice agent shall have been duly issued to the proper officer of the countyof such service agent's residence as shown on the register of service agentsand returned by such officer to whom it has been directed, with a notation,that such officer cannot find such service agent in the county. Such notationshall also state the name of the service agent who could not be found.

      History:   L. 1963, ch. 303, 60-306; L. 1976, ch. 196, § 3; L. 1992,ch. 67, § 2;L. 2001, ch. 5, § 207; July 1.