Section 207. Service of process on unlicensed corporation formed under laws other than the statutes of this state  


Latest version.
  • 1. Every corporation formed under laws other than the statutes of this
      state which is required by this chapter to obtain  a  license  from  the
      superintendent,  and  which itself or through an agent does any business
      in this  state  for  which  such  license  is  required  either  without
      obtaining  such  license or after the revocation thereof, submits itself
      to the jurisdiction of the courts of this state and is  deemed  to  have
      designated  the superintendent as its agent upon whom process against it
      may be served, in any action or special proceeding arising out of or  in
      connection  with  the  doing of such business. Such process may issue in
      any court in this state having jurisdiction of the subject matter.
        2. Service of such process upon the superintendent shall  be  made  by
      personally delivering to and leaving with him or his deputy, or with any
      person  authorized by the superintendent to receive such service, at the
      office of the superintendent, a copy of such process together  with  the
      statutory  fee,  which fee shall be a taxable disbursement. Such service
      shall be sufficient if notice thereof and a copy of the process are:
        (a) Delivered personally without this state to  such  foreign  banking
      corporation by a person and in the manner authorized to serve process by
      law in the jurisdiction in which service is made, or
        (b)  Sent  by  or  on  behalf of the plaintiff to such foreign banking
      corporation by registered mail with return  receipt  requested,  at  the
      post  office  address  specified  for the purpose of mailing process, on
      file in the banking department, or with any official or body  performing
      the equivalent function, in the jurisdiction of its incorporation, or if
      no  such  address  is there specified, to its registered or other office
      there specified, or if no such office is there specified,  to  the  last
      address of such foreign banking corporation known to the plaintiff.
        3.  Proof  of  service  shall  be by affidavit of compliance with this
      section filed, together with the process, within thirty days after  such
      service,  with  the  clerk  of  the court in which the action or special
      proceeding is pending. If a copy of the process is mailed in  accordance
      with this section, there shall be filed with the affidavit of compliance
      either  the return receipt signed by such foreign banking corporation or
      other official proof of delivery or, if acceptance was  refused  by  it,
      the  original  envelope  with  a notation by the postal authorities that
      acceptance was refused. If acceptance was refused, a copy of the  notice
      and  process  together with notice of the mailing by registered mail and
      refusal to accept  shall  be  promptly  sent  to  such  foreign  banking
      corporation  at  the  same address by ordinary mail and the affidavit of
      compliance shall so state. Service of process shall be complete ten days
      after such papers are filed with the clerk of the court. The refusal  to
      accept  delivery  of  the  registered mail or to sign the return receipt
      shall not affect the validity of the service and  such  foreign  banking
      corporation  refusing  to  accept  such registered mail shall be charged
      with knowledge of the contents thereof.
        4. Service made as provided in this section shall have the same  force
      as personal service made within this state.
        5.  Nothing in this section shall affect the right to serve process in
      any other manner permitted by law.
        6. The banking department shall keep a record of each  process  served
      upon  the  superintendent  under  this  section,  including  the date of
      service. It shall, upon request made within ten years of  such  service,
      issue  a  certificate under its seal certifying as to the receipt of the
      service by an authorized person, the date and place of such service  and
      the receipt of the statutory fee. Process served upon the superintendent
    
      under this section shall be destroyed by him after a period of ten years
      from such service.