(1) The registered agent appointed by an out-of-state state bank or extranational institution authorized to transact business in this state shall be an agent of such institution upon whom any process, notice or demand required or permitted by law to be served upon the institution may be served.
(2) The Director of the Department of Consumer and Business Services shall be an agent of an out-of-state state bank or extranational institution upon whom any process, notice or demand may be served, if:
(a) The out-of-state state bank or extranational institution is authorized to conduct banking business in this state, and:
(A) It fails to appoint or maintain a registered agent in this state;
(B) Its registered agent cannot with reasonable diligence be found at the registered office;
(C) Its certificate of authority has been suspended or revoked; or
(D) It is an unincorporated company, partnership or association;
(b) The out-of-state state bank or extranational institution is conducting banking business in this state without the authorization provided by this chapter;
(c) The out-of-state state bank or extranational institution has been authorized to conduct banking business in this state and has withdrawn and consented to service on the director as prescribed in this chapter; or
(d) The out-of-state state bank or extranational institution has conducted banking business in this state without the authorization to do so, has ceased to conduct banking business and has become subject to service on the director as prescribed in this chapter.
(3) Except as provided in subsection (4) of this section, service on the director of any such process, notice or demand shall be made by:
(a) Service on the director or a clerk on duty in any office of the director of a copy of the process, notice or demand with any papers required by law to be delivered in connection with the service, or by mailing to the director a copy of the process, notice or demand by certified or registered mail, and a $2 fee for each document being served; or
(b) Transmittal by the person instituting the proceedings of notice of the service on the director and a copy of the process, notice or demand and accompanying papers to the out-of-state state bank or extranational institution being served by certified or registered mail:
(A) At the last-registered office of the out-of-state state bank or extranational institution as shown by the records of the director;
(B) At such address, the use of which the person initiating the proceedings knows or, on the basis of reasonable inquiry, has reason to believe is most likely to result in actual notice; and
(C) Filing with the appropriate court or other body, as part of the return of service, the return receipt of mailing and an affidavit of the person initiating the proceedings stating compliance with this section.
(4) When the out-of-state state bank or extranational institution that is being served with the process, notice or demand is not authorized to conduct banking business in this state and was not authorized to conduct banking business in this state at the time the transaction, event or occurrence upon which the suit or proceeding is based occurred, service shall be made in the same manner as provided in subsection (3) of this section, except that the copy of the process, notice or demand shall be sent forthwith by registered or certified mail by the plaintiff or the attorney of the plaintiff to the principal office or place of business of the out-of-state state bank or extranational institution, instead of the last-registered office of the out-of-state state bank or extranational institution.
(5) The director shall keep a record of all processes, notices and demands served upon the director under this section.
(6) Nothing contained in this section shall limit or affect the right to serve any process, notice or demand required or permitted by law to be served upon an out-of-state state bank or extranational institution in any other manner now or hereafter permitted by law, or enlarge the purposes for which service on the director is permitted where such purposes are limited by other provisions of law. [1989 c.324 §64; 1997 c.631 §299]
Section: Previous 713.120 713.130 713.140 713.150 713.160 713.170 713.180 713.190 713.200 713.210 713.220 713.230 713.240 713.250 713.260 NextLast modified: August 7, 2008