HB 1205 – AS INTRODUCED
2006 SESSION
08/09
HOUSE BILL 1205
AN ACT relative to service of process by New Hampshire plaintiffs on foreign corporations.
SPONSORS: Rep. Ulery, Hills 27; Rep. Rowe, Hills 6
This bill allows New Hampshire plaintiffs to serve the secretary of state after a failed attempt to serve a foreign corporation.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
06-2391
08/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Six
AN ACT relative to service of process by New Hampshire plaintiffs on foreign corporations.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Service on Foreign Corporations. Amend RSA 293-A:15.10 to read as follows:
293-A:15.10 Service on Foreign Corporation.
(a) The registered agent appointed by a foreign corporation authorized to transact business in this state is the agent of the corporation upon whom any process, notice or demand required or permitted by law to be served upon the corporation may be served.
(b) A foreign corporation may be served by registered or certified mail, return receipt requested, addressed to the secretary of the foreign corporation at its principal office shown in its application for a certificate of authority or in its most recent annual report if the foreign corporation:
(1) has no registered agent or its registered agent cannot with reasonable diligence be served;
(2) has withdrawn from transacting business in this state under RSA 293-A:15.20; or
(3) has had its certificate of authority revoked under RSA 293-A:15.31.
(c) A foreign corporation may be served by registered or certified mail, return receipt requested, addressed to the New Hampshire secretary of state, if:
(1) the foreign corporation has no registered agent or its registered agent cannot with reasonable diligence be served; or
(2) the foreign corporation has no registered mailing address or its mailing address cannot with reasonable diligence be found.
(d) A writ of service that has been mailed certified mail, return receipt requested, to the last known address of the foreign corporation which is returned unsigned to the serving party shall satisfy the requirement of due diligence for the purposes of subsection (c).
(e) Service is perfected under [subsection] subsections (b) and (c) at the earliest of:
(1) the date the foreign corporation or the secretary of state receives the mail;
(2) the date shown on the return receipt, if signed on behalf of the foreign corporation; or
(3) five days after its deposit in the United States Mail, as evidenced by the postmark, if mailed postpaid and correctly addressed.
[(d)] (f) This section does not prescribe the only means, or necessarily the required means, of serving a foreign corporation.
2 Effective Date. This act shall take effect January 1, 2007.