(30 ILCS 167/20)
Sec. 20. Agent for service of process.
(a) Any non-resident or foreign non-participating manufacturer that has not
registered to do
business in this State as a foreign corporation or business entity shall, as a
condition precedent to
having its brand families listed 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 Act and the Escrow Act, may be served in any manner authorized by law. The
service shall
constitute legal and valid service of process on the non-participating
manufacturer. The non-participating manufacturer shall provide the name,
address, phone number, and proof of the
appointment and availability of the agent to and to the satisfaction of the
Attorney General.
(b) The non-participating manufacturer shall provide notice to the
Attorney General 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 5 calendar days prior to the termination of an existing agent appointment.
In the event an agent
terminates an agency appointment, the non-participating manufacturer shall
notify the
Director and Attorney General of the termination within 5 calendar days and
shall include
proof to the satisfaction of the Attorney General of the appointment of a new
agent.
(c) Any non-participating manufacturer whose products are sold in this
State, without
appointing or designating an agent as herein required shall be deemed to have
appointed the
Secretary of State as the 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 an agent
shall not satisfy the condition precedent to having its brand families listed
or retained in the directory.
(Source: P.A. 93-446, eff. 1-1-04; 94-575, eff. 8-12-05.)
|