Vermont § 1920 - Agent for service of process

§ 1920. Agent for service of process

• (a) Any nonresident or foreign nonparticipating manufacturer that has not registered to
  do business in the State as a foreign corporation or other 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 this subchapter or subchapter 1A of this chapter, or both, may be served in any
  manner authorized by law. Such service shall constitute legal and valid service of
  process on the nonparticipating manufacturer. The nonparticipating manufacturer shall
  provide the name, address, telephone number, and satisfactory proof of the appointment
  and availability of such agent to the Attorney General. The Secretary of State shall
  be designated as agent for service of process for importers of nonparticipating manufacturers
  located outside the United States. Service shall be made upon the Secretary of State
  in accordance with the provisions of 12 V.S.A. §§ 851 and 852. (b) The nonparticipating manufacturer shall provide notice to the Attorney General 30
  calendar days prior to termination of the authority of any such agent and shall further
  provide proof to the satisfaction of the Attorney General of the appointment of a
  new agent no less than five calendar days prior to the termination of an existing
  agent appointment. In the event an agent terminates an agent appointment, the nonparticipating
  manufacturer shall notify the Attorney General of said termination within five 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 such agent and may be proceeded against in
  courts of this State by service of process upon the Secretary of State; provided,
  however, that the appointment of the Secretary of State as such agent shall not satisfy
  the condition precedent, required by subsection (a) of this section, for having the
  individual styles or brands of cigarettes or, if applicable, brand families of the
  nonparticipating manufacturer included or retained in the directory. (Added 2003, No. 14, § 1; amended 2011, No. 166 (Adj. Sess.), § 5; 2021, No. 20, § 304.)