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This entry was published on 2014-09-22
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SECTION 207
Service of process on unlicensed corporation formed under laws other than the statutes of this state
Banking (BNK) CHAPTER 2, ARTICLE 5
§ 207. Service of process on unlicensed corporation formed under laws

other than the statutes of this state.

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 department of financial services, 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 department of financial services 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.