Nonresident or foreign nonparticipating manufacturers; agents in commonwealth
Section 3. (a) A nonresident or foreign nonparticipating manufacturer who has not registered to do business in the commonwealth as a foreign corporation or business entity shall, as a condition precedent to having its brand families listed or retained in the directory, appoint and continually engage, without interruption, the services of an agent in the commonwealth to act as agent for the service of process on whom all process, and any action or proceeding against it concerning or arising out of the enforcement of chapter 94E and this chapter, may be served in any manner authorized by law. Such service shall constitute legal and valid service of process on the nonparticipating manufacturer. The nonparticipating manufacturer shall provide the name, address, phone number and proof of the appointment and availability of such agent to, and to the satisfaction of, the attorney general.
(b) In the event that a nonparticipating manufacturer terminates the authority of an agent, the nonparticipating manufacturer shall provide notice to the attorney general 30 calendar days before the termination and shall provide proof to the satisfaction of the attorney general of the appointment of a new agent not less than 5 calendar days before the termination of the existing agent appointment. In the event that an agent terminates an agency appointment, the nonparticipating manufacturer shall notify the attorney general of the termination within 5 calendar days and shall include proof to the satisfaction of the attorney general of the appointment of a new agent.
(c) A nonparticipating manufacturer whose products are sold in the commonwealth, without appointing or designating an agent as required in this section, shall be deemed to have appointed the state secretary as such agent and may be proceeded against in courts of the commonwealth by service of process upon said state secretary. The appointment of the state secretary as such agent shall not satisfy the condition precedent under section 2 to having the brand families of the nonparticipating manufacturer listed in the directory.