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23-74-701. Service of process — Registered agent.
Arkansas Code — all titles (historical 2020) · legal_authorities
23-74-701. Service of process — Registered agent.
(a)(1) Every society authorized to do business in this state shall appoint in writing to the Insurance Commissioner an Arkansas resident as its registered agent to be its true and lawful attorney upon whom all lawful process in any action or proceeding against it shall be served, and shall agree in such a writing that any lawful process against it that is served on the attorney shall be of the same legal force and validity as if served upon the society, and that the authority shall continue in force so long as any liability remains outstanding in this state.
(2) Copies of the registration, certified by the commissioner, shall be deemed sufficient evidence thereof and shall be admitted in evidence with the same force and effect as the original thereof might be admitted.
(b) On or after January 1, 2003, service shall be made upon the registered agent listed with the commissioner in the manner provided in §§ 23-63-301 — 23-63-304, except that no service of legal process shall require a society to file its answer, pleading, or defense in less than thirty (30) calendar days after the date of service upon its registered agent in this state.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-74-701
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:23-74-701
Source file: gov.ar.code.title.23.odt
Pages: Not recorded – Not recorded
Passage SHA-256: eb9bc4e607e3cac915efc4dc4ced13304ece18a4f0363d9cb11658b5b62d3cad
Source location: content.xml paragraph 43075
Stored source content
23-74-701. Service of process — Registered agent.
(a)(1) Every society authorized to do business in this state shall appoint in writing to the Insurance Commissioner an Arkansas resident as its registered agent to be its true and lawful attorney upon whom all lawful process in any action or proceeding against it shall be served, and shall agree in such a writing that any lawful process against it that is served on the attorney shall be of the same legal force and validity as if served upon the society, and that the authority shall continue in force so long as any liability remains outstanding in this state.
(2) Copies of the registration, certified by the commissioner, shall be deemed sufficient evidence thereof and shall be admitted in evidence with the same force and effect as the original thereof might be admitted.
(b) On or after January 1, 2003, service shall be made upon the registered agent listed with the commissioner in the manner provided in §§ 23-63-301 — 23-63-304, except that no service of legal process shall require a society to file its answer, pleading, or defense in less than thirty (30) calendar days after the date of service upon its registered agent in this state.
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Arkansas Code — all titles (historical 2020) · legal_authorities
23-63-301. Registered office and registered agent for foreign or alien insurer and domestic reciprocal insurers.
Each foreign insurer applying for a certificate of authority to transact business in Arkansas and every domestic reciprocal insurer must designate and continuously maintain in the state:
(1) A registered office that may be the same as any of its places of business; and
(2) A registered agent, who may be:
(A) An individual who resides in this state and whose business office is identical with the registered office;
(B) A state bank, domestic corporation, or not-for-profit corporation whose business office is identical with the registered office; or
(C) A foreign corporation or foreign not-for-profit corporation authorized to transact business in this state whose business office is identical with the registered office.
(3)(A) On and after January 1, 2002, all foreign and alien insurers and all domestic reciprocal insurers holding a subsisting certificate of authority upon August 13, 2001, shall be subject to the provisions of this subchapter, and no later than January 1, 2003, shall file with the Insurance Commissioner the information required in this subchapter to designate an Arkansas-registered agent.
(B) In the event no registered agent has yet been selected and appointed on the commissioner's list for any foreign or alien insurer or domestic reciprocal insurer licensed by the commissioner, service may be processed through the commissioner as agent or by other methods of service provided under Arkansas law to be effective until a new registered agent has been appointed on the records of the commissioner.
(4) In this subchapter licensed foreign insurers shall be deemed to include licensed alien insurers.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-63-301
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 23-63-301. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
23-63-304. Service of process of foreign or alien insurers or domestic reciprocal insurers.
(a) The registered agent of a licensed foreign insurer or a licensed domestic reciprocal insurer is the insurer's agent for service of process, notice, or demand required or permitted by law to be served on the insurer.
(b) A licensed foreign insurer or a licensed domestic reciprocal insurer may be served by registered or certified mail, return receipt requested, addressed to the president or the secretary at its principal office shown in its application for a certificate of authority or in its most recent annual statement if the insurer:
(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 this subchapter; or
(3) Has had its certificate of authority revoked under this subchapter.
(c) When service is made under this section or upon the designated Arkansas-registered agent, service shall be perfected under the Arkansas Rules of Civil Procedure.
(d) This section does not prescribe the only means or, necessarily, the required means of serving a licensed foreign insurer or a licensed domestic reciprocal insurer.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-63-304
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 23-63-304. This identifies an authority to review, not proof of applicability.