Agent for service of process.
(a) A 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 listed
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 an action or proceeding against the
nonparticipating manufacturer concerning or arising out of the enforcement
of AS 43.50.460 - 43.50.495 and AS 45.53 may be served in any manner authorized
by law. The nonparticipating manufacturer shall provide the name, address,
telephone number, electronic mail address, and proof of the appointment
and availability of the agent to and to the satisfaction of the commissioner
and the Department of Law.
(b) The nonparticipating manufacturer shall provide notice to the commissioner
and the Department of Law 30 calendar days before termination of the authority
of an agent and shall additionally provide proof to the satisfaction of
the Department of Law of the appointment of a new agent no less than five
calendar days before the termination of an existing agent appointment.
If an agent terminates an agency appointment, the nonparticipating manufacturer
shall notify the commissioner and the Department of Law of the termination
within five calendar days and shall include proof to the satisfaction
of the Department of Law 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 required by this section
is considered to have appointed the commissioner of commerce, community,
and economic development as its agent and may be proceeded against in
courts of this state by service of process upon the commissioner of commerce,
community, and economic development in the manner described by AS 10.06.175(b),
regardless of whether the nonparticipating manufacturer is a corporation;
however, the appointment of the commissioner of commerce, community, and
economic development as the agent does not satisfy the condition precedent
to having the nonparticipating manufacturer's brand families listed
or retained in the directory.