§486P-4 - Unregistered nonresident or foreign nonparticipating manufacturers; agent; notice.
[§486P-4] Unregistered nonresident or
foreign nonparticipating manufacturers; agent; notice. (a) A nonresident
or foreign nonparticipating manufacturer that has not registered to do business
in this State as a foreign corporation or business entity shall, as a condition
precedent to having its brand families listed or retained in the directory
established under [section] 486P-6, appoint and continually engage without
interruption the services of an agent in the United States to act as an agent
for the service of process on whom all process, and any action or proceeding
against the manufacturer concerning or arising out of the enforcement of this
chapter or chapter 675, may be served in any manner authorized by law. Service
pursuant to this section shall constitute legal and valid service of process on
the nonparticipating manufacturer.
(b) The nonparticipating manufacturer shall
provide to the satisfaction of the attorney general, notice of:
(1) The name, address, phone number, and proof of the
appointment and availability of the manufacturer's agent;
(2) Termination of the authority of an agent by the
manufacturer, thirty calendar days prior to termination, and proof of the
appointment of a new agent to the satisfaction of the attorney general no less
than five calendar days prior to the termination of an existing agent
appointment; and
(3) The termination of the authority of an agent by
the agent, within five calendar days of the termination, and at the same time,
proof of the appointment of a new agent to the satisfaction of the attorney
general. [L 2003, c 77, pt of §2]