§ 7-1.2-1410 - Service of process on foreign corporation.
SECTION 7-1.2-1410
§ 7-1.2-1410 Service of process on foreigncorporation. – (a) The registered agent appointed by a foreign corporation authorized totransact business in this state is an agent of the corporation upon whom anyprocess, notice, or demand required or permitted by law to be served upon thecorporation may be served.
(b) Whenever a foreign corporation authorized to transactbusiness in this state fails to appoint or maintain a registered agent in thisstate, or whenever any registered agent cannot with reasonable diligence befound at the registered office, or whenever the certificate of authority of aforeign corporation is suspended or revoked, the secretary of state is an agentof the corporation upon whom any process, notice, or demand may be served.Service on the secretary of state of any process, notice, or demand must bemade by delivering to and leaving with him or her, or with any clerk havingcharge of the corporation department of his or her office, duplicate copies ofthe process, notice, or demand. In the event any process, notice, or demand isserved on the secretary of state, the secretary of state shall immediatelyforward one of the copies by registered mail, addressed to the corporation atits principal office if known to him or her, in the state or country under thelaws of which it is incorporated. Any service had in this manner on thesecretary of state is returnable in not less than thirty (30) days.
(c) Every foreign corporation as a condition precedent tocarrying on business in this state must, and by so carrying on business in thisstate does, consent that any process, including the process of garnishment, maybe served upon the secretary of state in the manner provided by this section,except that notice of the service must be given by the plaintiff or his or herattorney in the manner as the court in which the action is commenced or pendingorders as affording the corporation reasonable opportunity to defend the actionor to learn of the garnishment. Notwithstanding the preceding requirements,however, once service has been made on the secretary of state as provided, thecourt has the authority in the event of failure to comply with the requirementof notice to the foreign corporation to order notice that is sufficient toapprise it of the pendency of the action against it, and additionally, mayextend the time for answering by the foreign corporation.
(d) The secretary of state shall keep a record of allprocesses, notices, and demands served upon him or her under this section, andrecord in the record the time of the service and his or her action on it.
(e) Nothing contained in these provisions limits or affectsthe right to serve any process, notice, or demand, required or permitted by lawto be served upon a corporation in any manner now or subsequently permitted bylaw.