P.R. Laws tit. 24, § 15007

2019-02-20 00:00:00+00
§ 15007. Agent for serving summons

(a) Requirements. — Any non-domestic or foreign non-participating manufacturer that has not registered to conduct business in the Commonwealth of Puerto Rico as a foreign corporation or business entity must, as a condition for its families of brands to be included or retained in the official list appoint and continuously commit without interrupting the services of an agent residing in Puerto Rico that acts as agent for serving summons on whom every summons served and any action or proceeding against the latter related to, or arising from the execution of this chapter and Act No. 401 of September 9, 2000, better known as the “Act to Regulate the Tobacco Products Manufacturers Liability to the Government of Puerto Rico” and Act No. 453 of December 28, 2000, as amended, may be served a summons in any manner authorized by law. Said serving of a summons shall constitute the legal and valid serving of a summons to the non-participating manufacturer. the non-participating manufacturer shall provide the name, address, telephone number and proof of appointment and availability of said agent to the satisfaction of the Secretary of the Treasury and the Secretary of Justice.

(b) The non-participating manufacturer shall notify the Secretary of the Treasury and the Secretary of Justice thirty (30) calendar days prior to the termination of the authority of a resident agent and shall furthermore provide evidence to the satisfaction of the Secretary of Justice of the appointment of a new agent within not less than five (5) calendar days prior to the termination of an existing agent. In the case of the termination of the appointment of an agent as resident agent, the non-participating manufacturer shall notify the Secretary of the Treasury and the Secretary of Justice of said termination within five (5) calendar days and shall include satisfactory evidence to the Secretary of Justice of the appointment of the new agent.

(c) Any non-participating manufacturer whose cigarettes are sold in Puerto Rico, who has not appointed or contracted a resident agent as herein required, shall be considered as having appointed the Secretary of the Commonwealth of Puerto Rico as said agent and an action may be brought against the former in the courts of the Commonwealth of Puerto through a summons issued by the Secretary of State; Provided, however, That the appointment of the Secretary of State as said agent shall not satisfy the preceding condition that requires that the family of brands of the non-participating manufacturer be included or retained in the official list.

History —Sept. 15, 2004, No. 305, § 4.