Sec. 16. (a) A foreign nonparticipating manufacturer that has not registered to do business in Indiana shall, as a condition precedent to having the foreign nonparticipating manufacturer’s brand families listed in a directory under section 14 of this chapter, appoint and engage without interruption the services of an agent in Indiana to act as the foreign nonparticipating manufacturer’s agent for the service of process. Service on an agent under this section constitutes legal and valid service of process on the foreign nonparticipating manufacturer that appointed and engaged the services of the agent. The foreign nonparticipating manufacturer shall provide the following information to the department and the attorney general:

(1) The name, address, and telephone number of the agent.

Terms Used In Indiana Code 24-3-5.4-16

  • Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
  • department: means the department of state revenue. See Indiana Code 24-3-5.4-4
  • nonparticipating manufacturer: means a tobacco product manufacturer that is not a participating manufacturer. See Indiana Code 24-3-5.4-7
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Service of process: The service of writs or summonses to the appropriate party.
(2) Proof of the appointment of the agent.

(3) The availability of the agent.

(4) Any other information required by the department or the attorney general.

     (b) A foreign nonparticipating manufacturer shall provide notice to the department and the attorney general not less than thirty (30) days before the foreign nonparticipating manufacturer terminates the authority of an agent appointed under this section. The foreign nonparticipating manufacturer shall provide proof to the satisfaction of the attorney general of the appointment of a new agent not less than five (5) days before the foreign nonparticipating manufacturer terminates an existing agency appointment.

     (c) If an agent terminates an agency appointment, the foreign nonparticipating manufacturer shall:

(1) notify the department and the attorney general of the termination not more than five (5) days after the termination; and

(2) provide proof to the satisfaction of the attorney general of the appointment of a new agent.

     (d) A foreign nonparticipating manufacturer that:

(1) sells products in Indiana; and

(2) has not appointed an agent under this section;

is considered to have appointed the secretary of state as the foreign nonparticipating manufacturer’s agent. The appointment of the secretary of state under this subsection as the foreign nonparticipating manufacturer’s agent does not satisfy the condition precedent to having the foreign nonparticipating manufacturer’s brand families listed in a directory under section 14 of this chapter.

As added by P.L.252-2003, SEC.16.

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