(a)  Every licensee shall appoint, and thereafter maintain, in this state a resident agent with authority to accept process for the licensee in this state, including the process of garnishment.

(1)  The appointment shall be filed with the director, or the director’s designee, electronically through the Nationwide Multistate Licensing System. The designation of an agent shall provide all contact information, including the business address, street, and number, if any, of the resident agent. Thereafter, if the resident agent changes his or her business address or other contact information, the licensee shall, within ten (10) days after any change, file electronically through the Nationwide Multistate Licensing System notice of the change setting forth the agent’s current business address or other contact information.

(2)  If the resident agent dies, resigns, or leaves the state, the licensee shall make a new appointment and file the new appointment electronically through the Nationwide Multistate Licensing System. The original designation shall not be revoked until new appointment shall have been given to some other competent person resident in this state and filed with the department.

(3)  Service of process upon the resident agent shall be deemed sufficient service upon the licensee.

(4)  Any licensee who fails to appoint a resident agent and file the appointment electronically through the Nationwide Multistate Licensing System, or fails to replace a resident agent for a period of thirty (30) days from vacancy, shall be liable for a penalty not exceeding five hundred dollars ($500) and shall be subject to suspension or revocation of the license.

(5)  Upon the filing of any appointment required by this section, a fee of twenty-five dollars ($25.00) shall be paid to the director for the use of the state.

(6)  Any licensee that is a corporation and complies with the provisions of chapter 1.2 of Title 7 is exempt from the filing requirements of this section. Any licensee that is a limited partnership or limited liability company and complies with the provisions of chapters 13.1 and 16 of title 7 is exempt from the requirements of this section.

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Terms Used In Rhode Island General Laws 19-14-10

  • 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.
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6
  • Plaintiff: The person who files the complaint in a civil lawsuit.

(b)  Any process, including the process of garnishment, may be served upon the director, or the director’s designee, as agent of the licensee in the event that no resident agent can be found upon whom service can be made, or in the event that the licensee has failed to designate a resident agent as required, and process may be served by leaving a copy of the process with a fee of twenty-five dollars ($25.00) which shall be included in the taxable costs of the suit, action, or proceeding, in the hands of the director, or the director’s designee. This manner of service upon the licensee shall be sufficient, provided that notice of service and a copy of the process shall be immediately sent by certified mail by the plaintiff, or the plaintiff’s attorney of record, to the licensee at the latest address filed with the director, or the director’s designee. If the licensee has not filed his or her address pursuant to this chapter, notice of service shall be given in any manner that the court in which the action is pending may order as affording the licensee reasonable opportunity to defend the action or to learn of the garnishment. Nothing contained in this section shall limit or affect the right to serve process upon a licensee in any other manner now or hereafter permitted by law.

History of Section.
P.L. 1995, ch. 82, § 52; P.L. 2005, ch. 36, § 18; P.L. 2005, ch. 72, § 18; P.L. 2014, ch. 106, § 3; P.L. 2014, ch. 125, § 3; P.L. 2016, ch. 512, art. 1, § 6; P.L. 2022, ch. 338, § 3, effective June 29, 2022; P.L. 2022, ch. 339, § 3, effective June 29, 2022; P.L. 2023, ch. 395, art. 2, § 5, effective June 27, 2023.