Section 250.50  Appointment of Agent for Service of Process

a)         Any non-resident or foreign NPM that has not registered to do business in this State shall appoint an agent located within the State of Illinois to receive service of process on behalf of that non-resident or foreign NPM.  On forms provided by the AGO, the NPM shall submit the name, address, phone number, company name (if applicable) and hours of availability of the agent, as well as proof of appointment, to the AGO.

b)         If the NPM terminates the authority of the agent, the NPM shall notify the AGO of the termination at least 30 calendar days prior to the termination, and provide proof at least 5 calendar days prior to the termination of the appointment of a new agent.  If the agent terminates an agency appointment, the NPM shall notify the AGO of the termination no later than 5 calendar days after the termination, and shall include proof of the appointment of a new agent.

            c)         Any foreign or non-resident NPM that fails to appoint an agent as required by this Section and in Section 20 of the Escrow Enforcement Act shall be deemed to appoint the Illinois Secretary of State as the agent on whom process may be served on its behalf.  However, such appointment will not satisfy the condition precedent for having its brand families listed in the directory of compliant NPMs.

(Source:  Amended at 31 Ill. Reg. 12718, effective August 24, 2007)