§ 13-605. Service of process on and venue for nonresident licensees

   (a) Consent required. -- A nonresident applicant for a license shall submit to the Secretary of State a consent, as provided under this section.

(b) Contents of consent. -- The consent required under this section shall:

   (1) specify that service of process on the Secretary of State shall bind the applicant in any action, suit, or proceeding brought against the applicant;

   (2) specify that an action, suit, or proceeding may be brought against the applicant in any county where:

      (i) the cause of action arose; or

      (ii) the plaintiff resides; and

   (3) be signed by the representative member of the applicant.

(c) Additional requirements for firms. -- In addition to submitting a consent, a nonresident applicant shall submit to the Secretary of State a certified copy of a resolution adopted by the firm that confirms that the firm members, board of directors, or other managing board of the firm authorized the representative member to execute and submit the consent on behalf of the firm.

(d) Copies for Secretary. -- An applicant who is required under this section to submit a consent or a consent and authorization to the Secretary of State shall submit copies of the signed documents to the Secretary.

(e) Compliance required as condition for license issuance. -- The Secretary may not issue a license to a nonresident applicant, unless the nonresident applicant complies with the requirements of subsections (a) through (d) of this section.

(f) Service; venue. --

   (1) Subject to paragraph (2) of this subsection, service of process on the Secretary of State binds a person who has submitted a consent to the Secretary of State, as required under this section.

   (2) If service of process is made on the Secretary of State as authorized under this section, the person initiating the action, suit, or proceeding immediately shall send a copy, by certified mail, return receipt requested, to the principal office in the State of the person against whom the action, suit, or proceeding is directed.

   (3) As to any person who submits a consent as required under this section, any action, suit, or proceeding may be brought in any county where:

      (i) the cause of action arose; or

      (ii) the plaintiff resides.

HISTORY: An. Code 1957, art. 56, § 595; 1989, ch. 3, § 1; 1995, ch. 3, § 2.