Oklahoma § 68-360.5 - Nonresident or foreign nonparticipating manufacturers Appointment of agent - Appointment of Secretary of State

§ 68-360.5. Nonresident or foreign nonparticipating manufacturers Appointment of agent - Appointment of Secretary of State

A. Any nonresident or foreign nonparticipating manufacturer

that has not registered to do business in this state as a foreign

corporation or business entity shall appoint and continually engage

without interruption, as a condition precedent to having its brand

families included or retained in the directory, 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 the Master Settlement Agreement

Complementary Act and Sections 600.21 through 600.23 of Title 37 of

the Oklahoma Statutes, 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 perform

the duties of an agent pursuant to the Master Settlement Agreement

Complementary Act and to the satisfaction of the Oklahoma Tax

Commission and the Attorney General. Any nonparticipating

manufacturer located outside of the United States shall, as an

additional condition precedent to having its brand families listed

or retained in the Directory, cause each of its importers into the

United States of any of its brand families to be sold in Oklahoma to

appoint and continuously engage without interruption the services of

Oklahoma Statutes - Title 68. Revenue and Taxation

an agent in the State of Oklahoma in accordance with the provisions

of this act. All obligations of a nonparticipating manufacturer

imposed by this act with respect to appointment of its agent shall

likewise apply to such importers with respect to appointment of

their agents.

B. The nonparticipating manufacturer shall provide notice to

the Oklahoma Tax Commission and Attorney General thirty (30)

calendar days prior to termination of the authority of an agent and

shall further provide proof to the satisfaction of the Attorney

General 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 Oklahoma Tax

Commission and Attorney General of the termination within five (5)

calendar days and shall include proof to the satisfaction of the

Attorney General of the appointment of a new agent.

C. Any nonparticipating manufacturer whose cigarettes are sold

in this state, who has not appointed and engaged 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. However, the appointment of the Secretary of State as the

agent shall not satisfy the condition precedent for having the brand

families of the nonparticipating manufacturer included or retained

in the directory.

Added by Laws 2004, c. 266, § 5, emerg. eff. May 6, 2004. Amended

by Laws 2009, c. 434, § 12, eff. Jan. 1, 2010.

§68-360.5-1. Joint and several liability of importers of

nonparticipating manufacturer's brand families.

For each nonparticipating manufacturer located outside the

United States, each importer into the United States of any such

nonparticipating manufacturer’s brand families that are sold in

Oklahoma shall bear joint and several liability with such

nonparticipating manufacturer for deposit of all escrow due, payment

of all penalties imposed and payment of all costs and attorney fees

imposed under Sections 600.21 through 600.23 of Title 37 of the

Oklahoma Statutes and the Master Settlement Agreement.

Added by Laws 2009, c. 434, § 13, eff. Jan. 1, 2010.