§ 4-99-109 - Irrevocable consent appointing Attorney General to act as seller's attorney to receive service -- Conditions of effective service. - Arkansas Statutes

4-99-109. Irrevocable consent appointing Attorney General to act as seller's attorney to receive service -- Conditions of effective service.

(a) Every telephonic seller shall file with the Attorney General, in the form prescribed by the Attorney General, an irrevocable consent appointing the Attorney General to act as the seller's attorney to receive service of any lawful process in any noncriminal suit, action, or proceeding against the seller or the seller's successor, executor, or administrator, which may arise under this chapter, when the agent designated in the seller's registration filing cannot with reasonable diligence be found at the address designated or if no agent has been designated pursuant thereto.

(b) When service is made upon the Attorney General in conformance with this section, it shall have the same force and validity as if served personally on the seller.

(c) Service may be made by leaving a copy of the process in the office of the Attorney General, but it shall not be effective unless both of the following are done:

(1) When service is effected pursuant to this section, the plaintiff shall forthwith send by certified first class mail, return receipt requested, a notice of the service and a copy of the process to the defendant or respondent at the last address on file with the Consumer Protection Division; and

(2) The plaintiff's affidavit of compliance with this section shall be filed in the case on or before the return date of the process, if any, or within such further time as the court allows.