131.614 Service of process against nonresident nonparticipating tobacco product manufacturer. - Kentucky Statutes

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Page 1 of 1 131.614 Service of process against nonresident nonparticipating tobacco product manufacturer. (1) Any 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 included 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
any action or proceeding against it concerning or arising out of the enforcement of
KRS 131.602 and 131.604 to 131.630, may be served in any manner authorized by
law. The 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 the Attorney General. (2) The nonparticipating manufacturer shall provide notice to the Attorney General thirty (30) calendar days prior to termination of the authority of an agent and shall
further provide proof of the appointment of a new agent no less than five (5)
calendar days prior to the termination of an existing agent appointment. If an agent
terminates an agency appointment, the nonparticipating manufacturer shall notify
the secretary and the Attorney General of the termination within five (5) calendar
days and shall include proof of the appointment of a new agent. (3) Any nonparticipating manufacturer whose products are sold in this state without appointing or designating an agent as required by this section shall be deemed to
have appointed the Secretary of State as its agent and may be proceeded against in
courts of this state by service of process upon the Secretary of State. The
appointment of the Secretary of State as its agent shall not satisfy the condition
precedent to having its brand families listed or retained in the directory. (4) The Attorney General may by administrative regulation establish criteria for validating the appointment of an agent for the purposes of this section. Effective: April 6, 2003
History: Created 2003 Ky. Acts ch. 194, sec. 6, effective April 6, 2003.