12.1-19.1 - Service of process on the clerk of the State Corporation Commission as statutory agent. - Virginia Statutes

§ 12.1-19.1. Service of process on the clerk of the State CorporationCommission as statutory agent.

A. Whenever by statute the clerk of the Commission is appointed or deemed tohave been appointed the agent of any individual, corporation, limitedpartnership or other entity for the purpose of service of any process,notice, order or demand, except one issued by the Commission, service on theclerk shall be made by leaving two copies of the process for each defendant,together with the fee or fees specified in subsection G of this section, inthe office of the clerk of the Commission. The party seeking service shallrecite the statute or other authority pursuant to which process is beingserved and shall include the mailing address of the defendant in accordancewith subsection D or subsection F of this section.

B. The clerk or any of his staff shall forthwith mail the process to thedefendant at the address supplied by the party seeking service and shall keepa record thereof. The clerk shall file a certificate of compliance with therequirements of this section with the other papers in the proceeding givingrise to the service.

C. Any process, notice, order or demand issued by the Commission shall beserved by being mailed by the clerk of the Commission or any of his staff to(i) the registered agent at his office address on record with the Commissionor, if no such agent or address is on record with the Commission, then (ii)the defendant at the address specified in subsection D or provided pursuantto subsection F of this section. The clerk shall keep a record of any suchservice.

D. The address for the mailing of process pursuant to this section shall bethe address on record with the Commission, as follows:

1. The principal office address of a domestic corporation, or, if no suchaddress is on record with the Commission, the address of any officer ordirector of the corporation.

2. The principal office address of a foreign corporation authorized totransact business in Virginia, or, if no such address is on record with theCommission, the address of any officer or director of the corporation, or, incase of withdrawal from the Commonwealth, the address shown in theapplication for withdrawal or any change thereto.

3. The principal office address of a limited partnership on record with theCommission pursuant to the Virginia Revised Uniform Limited Partnership Act(§ 50-73.1 et seq.), or, if no such address is on record with the Commission,the address of any general partner or the address listed in a foreign limitedpartnership's certificate of cancellation or any change thereto.

4. If the defendant is an individual or entity other than one specified insubdivision 1, 2, or 3 of this subsection, the address set forth in anydocument on record with the Commission which is required or permitted to befiled by or on behalf of the defendant.

E. Except as provided in subsection F of this section, the names andaddresses as last filed with the Commission pursuant to law shall beconclusive for the purpose of service of process.

F. Whenever the party or bureau or division of the Commission seeking servicehas knowledge of a defendant's current address which differs from that onrecord with the Commission he may, and, in the event the Commission does nothave a record of the defendant's address he shall, provide the latest knownmailing address of the defendant.

G. The clerk of the Commission shall charge and collect at the time of anyservice of process on him as statutory agent, thirty dollars for eachdefendant named in the process, which amount may be recovered as taxablecosts by the party to the proceeding giving rise to such service if suchparty prevails in the proceeding.

(1991, c. 672; 2010, c. 675.)