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Office of the Revisor of Statutes

45.028 SERVICE OF PROCESS.
    Subdivision 1. Requirement. (a) When a person, including any nonresident of this state,
engages in conduct prohibited or made actionable by chapters 45 to 83, 155A, 309, and 332, and
section 326.83, or any rule or order under those chapters, and the person has not filed a consent to
service of process under chapters 45 to 83, 155A, 309, and 332, and section 326.83, that conduct
is equivalent to an appointment of the commissioner as the person's attorney to receive service of
process in any noncriminal suit, action, or proceeding against the person which is based on that
conduct and is brought under chapters 45 to 83, 155A, 309, and 332, and section 326.83, or any
rule or order under those chapters.
(b) Subdivision 2 applies in all other cases under chapters 45 to 83, 155A, 309, and 332,
and section 326.83, or any rule or order under those chapters, in which a person, including a
nonresident of this state, has filed a consent to service of process. This paragraph supersedes
any inconsistent provision of law.
(c) Subdivision 2 applies in all cases in which service of process is allowed to be made
on the commissioner of commerce.
    Subd. 2. How made. Service of process under this section may be made by leaving a copy
of the process in the office of the commissioner, or by sending a copy of the process to the
commissioner by certified mail, and is not effective unless: (1) the plaintiff, who may be the
commissioner in an action or proceeding instituted by the commissioner, sends notice of the
service and a copy of the process by certified mail to the defendant or respondent at the last known
address; and (2) the plaintiff's affidavit of compliance is filed in the action or proceeding on or
before the return day of the process, if any, or within further time as the court allows.
History: 1987 c 336 s 3; 1989 c 209 art 2 s 5; 1989 c 330 s 3; 1992 c 564 art 2 s 1; 1997
c 222 s 4; 1999 c 137 s 3