North Dakota Code 38-01-10 – Exploration organizations – Agent – Service of process
Each person, firm, association, partnership, corporation, or limited liability company exploring for oil, gas, coal, or other minerals in this state shall appoint an agent who must be registered with the secretary of state for the purpose of accepting service for any nonresident representative of the person or organization.
Terms Used In North Dakota Code 38-01-10
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Organization: includes a foreign or domestic association, business trust, corporation, enterprise, estate, joint venture, limited liability company, limited liability partnership, limited partnership, partnership, trust, or any legal or commercial entity. See North Dakota Code 1-01-49
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
- Process: means a writ or summons issued in the course of judicial proceedings. See North Dakota Code 1-01-49
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
Whenever such a person or organization fails to appoint or maintain a registered agent in this state, or whenever the registered agent cannot with reasonable diligence be found at the registered office, the secretary of state is an agent of such person or organization upon whom any such process, notice, or demand may be served. Service on the secretary of state of any such process, notice, or demand must be made by delivering to and leaving with the secretary of state, or any clerk having charge of the corporation department of the office of the secretary of state, duplicate copies of such process, notice, or demand. In the event any such process, notice, or demand is served on the secretary of state, the secretary of state shall immediately cause one of the copies thereof to be forwarded by registered or certified mail, addressed to the person or organization at the person’s or organization’s registered office or to the nonresident representative at that person’s filed address, as the case may be. Any such service on the secretary of state shall be returnable in not less than thirty days.
The secretary of state shall keep a record of all processes, notices, and demands served upon the secretary of state under this section, and shall record therein the time of such service and the secretary of state’s action with reference thereto.
Nothing in this section limits or affects the right to serve any process, notice, or demand required or permitted by law to be served in any other manner permitted by law.