Service of processes, notices and demands.
1. In the case of a foreign bank which is licensed to establish and maintain a state branch or agency, service of process in any suit, action or proceeding or service of any notice or demand required or permitted by law to be served on a foreign corporation may be made on the foreign bank by service thereof on the registered agent of the foreign bank in this state. If a foreign bank fails to appoint or maintain a registered agent upon whom service of legal process or service of any such notice or demand may be had, or if the registered agent cannot with reasonable diligence be found at the registered office of the foreign bank, or if the license of the foreign bank’s state branch or agency is revoked, the Commissioner by operation of law is irrevocably authorized as the agent of the foreign bank to accept service of any process or service of any notice or demand required or permitted by law to be served on the foreign bank.
2. In the case of a foreign bank which is licensed to establish and maintain a state representative office, service of process in any suit, action or proceeding or service of any notice or demand required or permitted by law to be served on a foreign corporation may be made on the foreign bank by service thereof on the Commissioner.
3. Service on the Commissioner in accordance with this section of any process, notice or demand against a foreign bank must be made by delivering to and leaving with him, or with any official having charge of his office, duplicate copies of the process, notice or demand. If any process, notice or demand is served on the Commissioner, he shall immediately cause a copy thereof to be forwarded by certified mail addressed to the foreign bank at its principal office as the address appears in his records. Any service so had on the Commissioner is returnable in not less than 30 days.
4. This chapter does not limit or affect the right to serve any process, notice or demand required or permitted by law to be served upon a foreign corporation in any other manner permitted by law.
5. The Commissioner shall keep a record of all processes, notices and demands served upon him under this section and shall record therein the time of service and his action with reference thereto.
Last modified: February 26, 2006