New Jersey § 17:9a-428

§ 17:9a-428.

a. (1) No foreign bank, other than a foreign bank which is licensed to establish an

agency or branch office, shall be issued a license to establish a representative office

or commercial lending company unless it shall have first filed with the commissioner,

in the form as the commissioner may by regulation or order require, an appointment

irrevocably appointing the commissioner to be the bank's or commercial lending company's

attorney to receive service of any lawful process in any noncriminal judicial or administrative

proceeding against the bank or any of its successors which arises out of the activities

in this State of the representative office or commercial lending company after the

appointment has been filed, with the same force and validity as if served personally

on the bank or its successor, as the case may be. (2) Any foreign bank, other than a foreign bank which is licensed to establish an

agency or branch office or which establishes a federal agency or federal branch in

this State, which establishes a representative office or commercial lending company

and which has not filed with the commissioner an appointment pursuant to paragraph

(1) of this subsection a., shall be deemed by the establishment of that office to

have appointed the commissioner as its attorney to receive service of any lawful process

in any noncriminal judicial or administrative proceeding against the bank or any of

its successors which arises out of the activities in this State of the representative

office or commercial lending company with the same force and validity as if served

personally on the bank or its successor, as the case may be. b. (1) No foreign bank shall be issued a license to establish an agency or branch

office unless it shall have first filed with the commissioner, in a form as the commissioner

may by regulation or order require, an appointment irrevocably appointing the commissioner

to be the bank's attorney to receive service of any lawful process in any noncriminal

judicial or administrative proceeding against the bank or any of its successors which

arises after the appointment has been filed, with the same force and validity as if

served personally on the bank or its successor, as the case may be. (2) Any foreign bank which establishes an agency or branch office, other than a federal

agency or federal branch, and which has not filed with the commissioner an appointment

pursuant to paragraph (1) of this subsection b. shall be deemed by the establishment

of that office to have appointed the commissioner as its attorney to receive service

of any lawful process in any noncriminal judicial or administrative proceeding against

the bank or any of its successors with the same force and validity as if served personally

on the bank or its successor, as the case may be. c. Service may be made on a foreign bank which has appointed or is deemed to have

appointed the commissioner as its attorney for service of process by leaving a copy

of the process at any office of the commissioner. However, this service is not effective unless (1) the party making the service,

who may be the commissioner, forthwith sends notice of the service and a copy of the

process by registered or certified mail to the foreign bank at its last address on

file with the commissioner at any of its offices in this State or at its primary office

wherever located, and (2) an affidavit of compliance with this subsection c. by the

party making service is filed in the case on or before the return date, if any, or

within such further time as the court, in the case of a judicial proceeding, or the

administrative agency, in the case of an administrative proceeding, allow.