Agent for service of process
(1) 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 the state to act as an agent
for the service of process on whom all process, and any action or proceeding
against the nonparticipating manufacturer concerning or arising out of
the enforcement of this part 3 and the tobacco escrow funds act, 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 the agent
to and to the satisfaction of the executive director of the department
and the attorney general.
(2) A nonparticipating manufacturer shall provide notice to the executive director of the department and the attorney general at least thirty 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 at least five calendar days prior to the termination of an existing agent appointment. In the event an agent terminates an agency appointment, the nonparticipating manufacturer shall notify the executive director and the attorney general of the termination within five calendar days and shall include proof to the satisfaction of the attorney general of the appointment of a new agent.
(3) A 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 state as the agent and may be proceeded against in the courts of this state by service of process upon the secretary of state. However, the appointment of the secretary of state as the agent shall not satisfy the condition precedent to having the nonparticipating manufacturer's brand families listed or retained in the directory.