CODE OF VIRGINIA

AGENT FOR SERVICE OF PROCESS (§ 3.2-4208)

A. Any nonresident or foreign nonparticipating manufacturer that has not
registered to do business in the Commonwealth as a foreign corporation or
business entity shall, as a condition precedent to having its brand families
listed or retained in the Directory, appoint and continually engage without
interruption the services of an agent in the Commonwealth 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 this article or Article 1 (§
3.2-4200 et seq.) of this chapter may be served in any manner authorized by law.
Such 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
such agent to the satisfaction of the Commissioner and Attorney General. Any
nonparticipating manufacturer located outside of the United States shall, as an
additional condition precedent to having its brand families listed or retained
in the Directory, cause each of its importers into the United States of any of
its brand families to be sold in Virginia to appoint and continually engage
without interruption the services of an agent in the Commonwealth in accordance
with the provisions of this section. All obligations of a nonparticipating
manufacturer imposed by this section with respect to appointment of its agent
shall likewise apply to such importers with respect to appointment of their
agents.

B. The nonparticipating manufacturer shall provide notice to the Commissioner
and Attorney General 30 calendar days prior to termination of the authority of
an agent and shall further provide proof to the satisfaction of the Attorney
General of the appointment of a new agent no less than five calendar days prior
to the termination of an existing agency appointment. In the event an agent
terminates an agency appointment, the nonparticipating manufacturer shall notify
the Commissioner and Attorney General of said termination within five calendar
days and shall include proof to the satisfaction of the Attorney General of the
appointment of a new agent.

C. Any nonparticipating manufacturer whose products are sold in this state,
without appointing or designating an agent as herein required, shall be deemed
to have appointed the Secretary of the Commonwealth as such agent and may be
proceeded against in courts of the Commonwealth by service of process upon the
Secretary of the Commonwealth. The appointment of the Secretary of the
Commonwealth as such agent shall not satisfy the condition precedent to having
its brand families listed or retained in the Directory.

HISTORY: 2003, c. 798, § 3.1-336.7; 2008, cc. 758, 860.