Tennessee § 20-2-202 - Actions against unincorporated associations and nonresident partnerships.

§ 20-2-202. Actions against unincorporated associations and nonresident partnerships.

Any unincorporated association or organization, whether resident or nonresident, including nonresident partnerships and nonresident trusts, doing or desiring to do business in this state by performing any of the acts for which it was formed, shall, before any such acts are performed, appoint an agent in this state upon whom all process may be served, and certify to the clerk of the circuit court of each county in which the association or organization desires to perform any of the acts for which it was organized the name and address of the process agent. If the unincorporated association or organization fails to appoint the process agent pursuant to this section, all process may be served upon the secretary of the state of Tennessee; Upon such service, the secretary of state, by registered or certified return receipt mail, shall forward a copy of the process to the last known address of the unincorporated association or organization. Service upon the process agent appointed pursuant to this section, or upon the secretary of state if no process agent is appointed, shall be legal and binding on the association or organization, and any judgment recovered in any action commenced by service of process, as provided in this section, shall be valid and may be collected out of any real or personal property belonging to the association or organization. Acts 1947, ch. 32, § 1; mod. C. Supp. 1950, § 8679.1 (Williams, §§ 8681.1-8681.3); modified; Acts 1959, ch. 110, § 1; 1963, ch. 254, § 1; T.C.A. (orig. ed.), § 20-223; Acts 1981, ch. 215, § 1. Cross-References. Actions relating to unincorporated associations, Tenn. R. Civ. P. 23.07. Certified mail in lieu of registered mail, § 1-3-111 . Service where managing agent or officer found in state, Tenn. R. Civ. P. 4.04. Textbooks. Tennessee Jurisprudence, 3 Tenn. Juris., Associations and Clubs, § 6; 7 Tenn. Juris., Corporations, § 118; 20 Tenn. Juris., Partnership, § 52; 21 Tenn. Juris., Process, §§ 9, 14; 24 Tenn. Juris., Venue, § 4. Law Reviews. Partnerships — Conflict of Laws — Legal Entity Concept, 27 Tenn. L. Rev. 304. The Future of General Jurisdiction in Tennessee, 27 U. Mem. L. Rev. 559 (1997). Cited: American Federation of Musicians v. Stein, 213 F.2d 679, 1954 U.S. App. LEXIS 3801 (6th Cir. Tenn. 1954); Martin v. Dealers Transport Co., 48 Tenn. App. 1, 342 S.W.2d 245, 1960 Tenn. App. LEXIS 104 (Tenn. Ct. App. 1960); W. D. Lawson & Co. v. Penn Cent. Co., 456 F.2d 419, 1972 U.S. App. LEXIS 11032 (6th Cir. Tenn. 1972).