Vermont Statutes Title 11 Sec. 120
Terms Used In Vermont Statutes Title 11 Sec. 120
- Designated office: means the office that a mutual benefit enterprise or a foreign enterprise is required to designate and maintain under subdivision 117(a)(1) of this title. See
- Foreign enterprise: means an entity organized in a jurisdiction other than this State under a law similar to this title. See
- Mutual benefit enterprise: means an enterprise organized under this title. See
- Principal office: means the principal executive office of a mutual benefit enterprise or foreign enterprise, whether or not in this State. See
- Service of process: The service of writs or summonses to the appropriate party.
- State: means a state of the United States, District of Columbia, Puerto Rico, the U. See
§ 120. Service of process
(a) An agent for service of process appointed by a mutual benefit enterprise or foreign enterprise is an agent of the enterprise or foreign enterprise for service of process, notice, or a demand required or permitted by law to be served upon the enterprise or foreign enterprise.
(b) If a mutual benefit enterprise or foreign enterprise does not appoint or maintain an agent for service of process in this State or the agent for service of process cannot with reasonable diligence be found at the address of the designated office on file with the Secretary of State, the Secretary of State is an agent of the enterprise or foreign enterprise upon which process, notice, or a demand may be served.
(c) Service of process, notice, or a demand on the Secretary of State as agent of a mutual benefit enterprise or foreign enterprise may be made by delivering to the Secretary of State two copies of the process, notice, or demand. The Secretary of State shall forward one copy by registered or certified mail, return receipt requested, to the enterprise or foreign enterprise at its principal office.
(d) Service is effected under subsection (c) of this section on the earliest of:
(1) the date the mutual benefit enterprise or foreign enterprise receives the process, notice, or demand;
(2) the date shown on the return receipt, if signed on behalf of the enterprise or foreign enterprise; or
(3) five days after the process, notice, or demand is deposited by the Secretary of State for delivery by the U.S. Postal Service, if postage is prepaid to the address of the principal office on file with the Secretary of State.
(e) The Secretary of State shall keep a record of each process, notice, and demand served pursuant to this section and record the time of and the action taken regarding the service.
(f) This section does not affect the right to serve process, notice, or a demand in any other manner provided by law. (Added 2011, No. 84 (Adj. Sess.), § 1, eff. April 20, 2012.)