HB 794 — Statutory agents; service of process.

SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY ––-- 2024 SESSION CHAPTER E454 An Act to amend and reenact §§ 8.01-285, 8.01-287, 8.01-296, 8.01-299, 8.01-301, 8.01-304, 8.01-306, adding8.01-310 athrough section8.01-313, numberedand 8.01-304.1;12.1-19.1 of the Code of Virginia;

to amend the Code of Virginia by adding a section numbered 8.01-304.1;

O L [H 794] L Approved EApril 4, 2024 Be it enacted by the General Assembly of Virginia:

D1. 8.01-313, and 12.1-19.1 of the Code of Virginia are amended and reenacted and that the Code ofugh Virginia is amended by adding a section numbered 8.01-304.1 as follows:

That §§ 8.01-285, 8.01-287, 8.01-296, 8.01-299, 8.01-301, 8.01-304, 8.01-306, 8.01-310 through 8.01-313, and 12.1-19.1 of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding a section numbered 8.01-304.1 as follows:

For the purposes of As used in this chapter, unless the context requires a different meaning:

The term "process" shall be deemed to include notice;notice;context requires a different meaning:

The term "statutory agent" means (i) the Commissioner of the Department of Motor VehiclesHandVehicles and the Secretary of the Commonwealth, and the successors of either, when appointed pursuant to law7forlaw for the purpose of service of process on the nonresident defined in subdivision 2 of § 8.01-307 or (ii) the Clerk of the State Corporation Commission, when appointed pursuant to law for the purpose of servicetheservice of process on any individual, corporation, limited partnership, or other entity under § 12.1-19.1, as the context may require;

Upon commencement of an action, process shall be served in the manner set forth in this chapter or as specified elsewhere in the Code and by the Rules of the Supreme Court.setCourt. forth in this chapter or § 8.01-296.

§ 8.01-296.

processa. and giving information of its purport to any person found there, who is a member of his family, other than a temporary sojourner or guest, and who is of the age of 16 years or older;

If the party to be served is not found at his usual place of abode, by delivering a copy of such process and giving information of its purport to any person found there, who is a member of his family, other than a temporary sojourner or guest, and who is of the age of 16 years or older;

In any civil action brought in a general district court, the mailing of the application for a warrant in debt or affidavit for summons in unlawful detainer or other civil pleading or a copy of such pleading, whether yet issued by the court or not, which contains the date, time and place of the return, prior to or after filing such pleading in the general district court, shall satisfy the mailing requirements of this section.

Any judgment by default entered after July 1, 1989, upon posted service in which proceedings a copy of the pleadings was mailed as provided for in this section prior to Julc.July 1, 1989, is validated.

Thec. person executing such service shall note the manner and the date of such service on the original and the copy of the process so delivered or posted under this subdivision and shall effect the of 5 return of process as provided in §§ 8.01-294 and 8.01-325.

The person executing such service shall note the manner and the date of such service on the original and the copy of the process so delivered or posted under this subdivision and shall effect the return of process as provided in §§ 8.01-294 and 8.01-325.

If service cannot be effected under subdivisions 1 and 2, then by order of publication in of 5 appropriate cases under the provisions of §§ 8.01-316 through 8.01-320.

A domestic or foreign limited partnership may also be served by personal service on its registered of 5 agent as provided in subsection A of § 50-73.7 and by substituted service in accordance with subsection B of § 50-73.7, subsection D of § 50-73.58, subsection C of § 50-73.58:1, subsection D of § 50-E3.58:2,50-73.58:2, or subsection E of § 50-73.59, as applicable.

N A domestic or foreign business trust may be served by personal service on its registered ageRtagent as of 5 provided in subsection A of § 13.1-1223 and by substituted service in accordance with subsection B of § 1§13.1-1223 8.01-306.or subsection E of § 13.1-1247.

Process§ against8.01-306. unincorporated associations or orders, or unincorporated common O carriers;

Process against unincorporated associations or orders, or unincorporated common carriers;

L Subject to § 8.01-286.1, if an unincorporated (i) association, (ii) order, or (iii) common carrier has its principal office outside Virginia and transacts business or affairs in the Commonwealth, process may be served on any officer, trustee, director, staff member, or agent of such association, order, orEcarrieror carrier in the city or county in which he may be found or on the clerk Clerk of the State Corporation Commission, who shall be deemed by virtue of such transaction of business or affairs in the D Commonwealth to have been appointed statutory agent of such association, order, or carrier upon whom may be made service of process in accordance with § 12.1-19.1.

Service, when duly made, shall serviceconstitute maysufficient notfoundation befor hada aspersonal aforesaid,judgment thenagainst onsuch affidavitassociation, oforder, thator factcarrier. an order of publication may beer.

If service may not be had as aforesaid, then on affidavit of that fact an order of publication may be awarded as provided by §§ 8.01-316 and 8.01-317.

Service of process on the Clerk of the State Corporation Commission as a statutory agent H authorized by law to receive service of process on behalf of any natural person, corporation, or other entity is governed by § 12.1-19.1.

Service of process on either the Commissioner of the Departm9ntDepartment of Motor Vehicles as authorized under § 8.01-308 or on the Secretary of the Commonwealth as authorEzedauthorized under § 8.01-309 shall be made by the plaintiff or his agent or the sheriff leaving a copy of such process together with the fee for service of process on parties, in the amount prescribed in § 2.2-409, for each party to be thus served, in the hands, or in the office, of the Commissioner or the Secretary, and entitysuch servedservice. and shall be effective on the date when service is made on the Commissioner or theson or Secretary pursuant to this subsection or on the Clerk of the State Corporation Commission pursuant to subsection A of § 12.1-19.1, provided, however, that the time to respond to process sent by the Commissioner, Secretary, or Clerk as statutory agent is governed by subsection C of § 8.01-312.

Service on the statutory agent shall be deemed sufficient upon the nonresident person or entity served and shall be effective on the date when service is made on the Commissioner or the Secretary pursuant to this subsection or on the Clerk of the State Corporation Commission pursuant to subsection A of § 12.1-19.1, provided, however, that the time to respond to process sent by the Commissioner, Secretary, or Clerk as statutory agent is governed by subsection C of § 8.01-312.

Appointment of the Commissioner or Secretary as attorney or agent for the service of process on a nonresident under § 8.01-308 or 8.01-309 shall be irrevocable and binding upon the executor or other per1.personal representative of such nonresident, and:

1.

The provisions of subsection B apply, mutatis mutandis, to actions in which a natural person served with process through the Clerk of the State Corporation Commission as his agent has died before or §after 8.01-311.the commencement of the action.

§ 8.01-311.

It shall be the duty of the Commissioner of the Department of Motor Vehicles or the Secretary of the Commonwealth as statutory agent to:

the Department of Motor Vehicles or the Secretary of the Commonwealth as 1.

Provide a receipt to a party seeking service who serves process on the statutory agent by hand of 5 delivery or any other method that does not provide a return of service or other means showing the date on which service on the statutory agent was accomplished.

The duties of the Clerk of the State Corporation Commission as statutory agent are governed by of 5 § 12.1-19.1.

The of 5 party seeking service shall recite the statute or other authority pursuant to which process is being served and shall include the mailing address of the defendant in accordance with subsection D or subseEtionsubsection F of this section.

Such service shall be deemed sufficient upon the person or entity being servedNandserved and shall be effective on the date when service is made on the Clerk under this subsection, provided, however, that the time for such person or entity to respond to process sent by the Clerk shall run from the date when the certificate of compliance is filed as required by subsection B.

R B.

The clerk Clerk or any of his staff shall forthwith mail the process to the defendant at Ohethe address supplied by the party seeking service and shall keep a record thereof.

L C.