Appointment Form Of Director To Acknowledge Or Receive Service Of Process - State Of Missouri, Department Of Insurance
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1
2STATE OF MISSOURI
DEPARTMENT OF INSURANCE
APPOINTMENT OF DIRECTOR TO ACKNOWLEDGE OR RECEIVE SERVICE OF PROCESS
S
Know All Men by These Presents:
THAT WHEREAS, the ______________________________________________________________________________________________________
a corporation organized under the laws of ____________________________________________________________________________________
and thereby authorized to transact the business of ______________________________________________________________________________
Insurance, desires to transact such business within the State of Missouri, pursuant to the laws thereof; and whereas, in and by Section 375.906, Revised
Statutes of Missouri, 1978 it is provided as stated in said section, which is in words and figures as follows:
375.906. Foreign companies to appoint director to receive service–methods–penalty. 1. No insurance company or association not incorporated or organized under the
laws of this state shall directly or indirectly issue policies, take risks, or transact business in this state, until it shall have first executed an irrevocable power of attorney
in writing, appointing and authorizing the director of the department of insurance of this state to acknowledge or receive service of all lawful process, for and on behalf
of the company, in any action against the company, instituted in any court of this state, or in any court of the United States in this state, and consenting that service
upon the director shall be deemed personal service upon the company.
2. Service of process shall be made by delivery of a copy of the petition and summons to the director of the department of insurance, the deputy director of the
department of insurance, or the chief clerk of the department of insurance at the office of the director of the department of insurance at Jefferson City, Missouri and
service as aforesaid shall be valid and binding in all actions brought by residents of this state upon any policy issued or matured, or upon any liability accrued in this
state, or on any policy issued in any other state in which the resident is named as beneficiary, and in all actions brought by nonresidents of this state upon any policy
issued in this state in which the nonresident is named beneficiary or which has been assigned to the nonresident, and in all actions brought by nonresidents of this state
on a cause of action, other than an action on a policy of insurance, which arises out of business transacted, acts done, or contracts made in this state.
3. In case the process is issued by an associate circuit judge, the same may be directed to and served by any officer authorized to serve process in the city or county
where the director of the department of insurance has his office, at least 15 days before the return thereof.
4. Every instrument of appointment executed by the company shall be attested by the seal of the company and shall recite the whole of this section, and shall be
accompanied by a copy of a resolution of the board of directors or trustees of the company similarly attested, showing that the president and secretary or other chief
officers of the company are authorized to execute the instruments on behalf of the company; and if any company fails, neglects, or refuses to appoint and maintain
within this state an attorney or agent in the manner herein described, it shall forfeit the right to do or continue business in this state.
5. Whenever process is served upon the director of the department of insurance, the deputy director of the department of insurance, or the chief clerk of the department
of insurance under the provisions of this section, the process shall immediately be forwarded by first class mail prepaid and directed to the secretary of the company, or
, in the case of an alien company, to the United States manager or last appointed general agent of the company in this country; provided, that there shall be kept in the
office of the director of the department of insurance a permanent record showing for all process served the name of the plaintiff and defendant, the court from which the
summons issued, the name and title of the officer serving same, and the day and hour of the service.
NOW, THEREFORE, in accordance with the terms and requirements of the Section set forth above, the said
______________________________________________________________________________________________________________ Company
does, by these presents, appoint and authorize the Director of the Department of Insurance of the State of Missouri (by whomsoever such office of
Director may be held and exercised under the laws of the State of Missouri), for the purpose mentioned in the Section, recited above, to do any and
all the things in said Section specified in its behalf to be done, by said Director, the Deputy Director, or the Chief Clerk, of the Department of Insurance
of the State of Missouri, including receipt of service of process which shall be valid and binding, and be deemed personal service upon the company,
so long as it shall have any policies or liabilities outstanding in the State of Missouri.
IN WITNESS WHEREOF, the said company (in accordance with a resolution of its Board of Directors duly adopted on the ____________
day of _______________________________ , year ___________ , a certified copy of which appears on
reverse side), hath caused these presents to be subscribed by its President and its corporate seal to be hereto
affixed, attested by its Secretary, at the city of __________________________________________________ ,
State of _________________________ on the ___________ day of ___________________ , year ________ .
Attest:
PRESIDENT
SECRETARY
MO 375-0462 (7-99)
EX
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