§414-440 - Service on foreign corporation.
§414-440 Service on foreign corporation.
(a) Service of any notice or process authorized by law that is issued against
any foreign corporation by any court, judicial or administrative officer, or
board, may be made in the manner provided by law upon any registered agent,
officer, or director of the foreign corporation who is found within the
jurisdiction of the court, officer, or board; or if any registered agent,
officer, or director cannot be found, upon the manager or superintendent of the
foreign corporation or any person who is found in charge of the property,
business, or office of the foreign corporation within the jurisdiction.
(b) If no officer, director, manager,
superintendent, or other person in charge of the property, business, or office
of the foreign corporation can be found within the State, and if the foreign
corporation has not filed with the department director pursuant to this chapter
the name of a registered agent upon whom legal notice and process from the
courts of the State may be served, and likewise if the person named is not
found within the State, service may be made upon the foreign corporation by
registered or certified mail, return receipt requested, addressed to the
secretary of the foreign corporation at its principal office shown in its
application for a certificate of authority or in its most recent annual report.
(c) Service using registered or certified mail
is perfected at the earliest of:
(1) The date the foreign corporation receives the
mail;
(2) The date shown on the return receipt, if signed
on behalf of the foreign corporation; or
(3) Five days after its deposit in the United States
mail, as evidenced by the postmark, if mailed postpaid and correctly addressed.
(d) Nothing contained herein shall limit or affect
the right to serve any process, notice, or demand required or permitted by law
to be served upon a foreign corporation in any other manner permitted by law.
[L 2000, c 244, pt of §1; am L 2003, c 124, §14]