2014 Kentucky Revised Statutes CHAPTER 131 - DEPARTMENT OF REVENUE 131.614 Service of process against nonresident nonparticipating tobacco product manufacturer.
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131.614 Service of process against nonresident nonparticipating tobacco
product manufacturer.
(1)
(2)
(3)
(4)
Any nonresident or foreign nonparticipating manufacturer that has not
registered to do business in the state as a foreign corporation or business
entity shall, as a condition precedent to having its brand families included or
retained in the directory, appoint and continually engage without interruption
the services of an agent in this state to act as agent for the service of process
on whom all process, and any action or proceeding against it concerning or
arising out of the enforcement of KRS 131.602 and 131.604 to 131.630, may
be served in any manner authorized by law. The service shall constitute legal
and valid service of process on the nonparticipating manufacturer. The
nonparticipating manufacturer shall provide the name, address, phone number,
and proof of the appointment and availability of the agent to the Attorney
General.
The nonparticipating manufacturer shall provide notice to the Attorney General
thirty (30) calendar days prior to termination of the authority of an agent and
shall further provide proof of the appointment of a new agent no less than five
(5) calendar days prior to the termination of an existing agent appointment. If
an agent terminates an agency appointment, the nonparticipating manufacturer
shall notify the secretary and the Attorney General of the termination within five
(5) calendar days and shall include proof of the appointment of a new agent.
Any nonparticipating manufacturer whose products are sold in this state
without appointing or designating an agent as required by this section shall be
deemed to have appointed the Secretary of State as its agent and may be
proceeded against in courts of this state by service of process upon the
Secretary of State. The appointment of the Secretary of State as its agent shall
not satisfy the condition precedent to having its brand families listed or retained
in the directory.
The Attorney General may by administrative regulation establish criteria for
validating the appointment of an agent for the purposes of this section.
Effective:April 6, 2003
History: Created 2003 Ky. Acts ch. 194, sec. 6, effective April 6, 2003.
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