{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/3.2-4208.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/3.2-4208.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/3.2-4208.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/3.2-4208.html"}],"law_id":77004,"edition_id":1,"section_id":77004,"structure_id":14890,"section_number":"3.2-4208","catch_line":"Agent for service of process","history":"2003, c. 798, \u00a7 3.1-336.7; 2008, cc. 758, 860.","full_text":"A\n\nAny nonresident or foreign nonparticipating manufacturer that has not registered to do business in the Commonwealth as a foreign corporation or business entity shall, as a condition precedent to having its brand families listed or retained in the Directory, appoint and continually engage without interruption the services of an agent in the Commonwealth to act as agent for the service of process on whom all process, and any action or proceeding against it concerning or arising out of the enforcement of this article or Article 1 (§ 3.2-4200 et seq.) of this chapter may be served in any manner authorized by law. Such service shall constitute legal and valid service of process on the nonparticipating manufacturer. The nonparticipating manufacturer shall provide the name, address, phone number and proof of the appointment and availability of such agent to the satisfaction of the Commissioner and Attorney General. Any nonparticipating manufacturer located outside of the United States shall, as an additional condition precedent to having its brand families listed or retained in the Directory, cause each of its importers into the United States of any of its brand families to be sold in Virginia to appoint and continually engage without interruption the services of an agent in the Commonwealth in accordance with the provisions of this section. All obligations of a nonparticipating manufacturer imposed by this section with respect to appointment of its agent shall likewise apply to such importers with respect to appointment of their agents.B\n\nThe nonparticipating manufacturer shall provide notice to the Commissioner and Attorney General 30 calendar days prior to termination of the authority of an agent and shall further provide proof to the satisfaction of the Attorney General of the appointment of a new agent no less than five calendar days prior to the termination of an existing agency appointment. In the event an agent terminates an agency appointment, the nonparticipating manufacturer shall notify the Commissioner and Attorney General of said termination within five calendar days and shall include proof to the satisfaction of the Attorney General of the appointment of a new agent.C\n\nAny nonparticipating manufacturer whose products are sold in this state, without appointing or designating an agent as herein required, shall be deemed to have appointed the Secretary of the Commonwealth as such agent and may be proceeded against in courts of the Commonwealth by service of process upon the Secretary of the Commonwealth. The appointment of the Secretary of the Commonwealth as such agent shall not satisfy the condition precedent to having its brand families listed or retained in the Directory.","order_by":null,"text":{"0":{"id":276359,"text":"Any nonresident or foreign nonparticipating manufacturer that has not registered to do business in the Commonwealth as a foreign corporation or business entity shall, as a condition precedent to having its brand families listed or retained in the Directory, appoint and continually engage without interruption the services of an agent in the Commonwealth to act as agent for the service of process on whom all process, and any action or proceeding against it concerning or arising out of the enforcement of this article or Article 1 (§ 3.2-4200 et seq.) of this chapter may be served in any manner authorized by law. Such service shall constitute legal and valid service of process on the nonparticipating manufacturer. The nonparticipating manufacturer shall provide the name, address, phone number and proof of the appointment and availability of such agent to the satisfaction of the Commissioner and Attorney General. Any nonparticipating manufacturer located outside of the United States shall, as an additional condition precedent to having its brand families listed or retained in the Directory, cause each of its importers into the United States of any of its brand families to be sold in Virginia to appoint and continually engage without interruption the services of an agent in the Commonwealth in accordance with the provisions of this section. All obligations of a nonparticipating manufacturer imposed by this section with respect to appointment of its agent shall likewise apply to such importers with respect to appointment of their agents.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":276360,"text":"The nonparticipating manufacturer shall provide notice to the Commissioner and Attorney General 30 calendar days prior to termination of the authority of an agent and shall further provide proof to the satisfaction of the Attorney General of the appointment of a new agent no less than five calendar days prior to the termination of an existing agency appointment. In the event an agent terminates an agency appointment, the nonparticipating manufacturer shall notify the Commissioner and Attorney General of said termination within five calendar days and shall include proof to the satisfaction of the Attorney General of the appointment of a new agent.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":276361,"text":"Any nonparticipating manufacturer whose products are sold in this state, without appointing or designating an agent as herein required, shall be deemed to have appointed the Secretary of the Commonwealth as such agent and may be proceeded against in courts of the Commonwealth by service of process upon the Secretary of the Commonwealth. The appointment of the Secretary of the Commonwealth as such agent shall not satisfy the condition precedent to having its brand families listed or retained in the Directory.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":14890,"edition_id":1,"name":"Enforcement of Requirements for Tobacco Product Manufacturers","identifier":"3","label":"article","depth":4,"order_by":1,"parent_id":13950,"metadata":{},"date_created":"2026-06-26 03:50:36","date_modified":"2026-06-26 03:50:36","permalink":{"id":196277,"object_type":"structure","relational_id":14890,"identifier":"3","token":"3.2\/III\/42\/3","url":"\/3.2\/III\/42\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13950,"edition_id":1,"name":"Implementation of Tobacco Master Settlement Agreement","identifier":"42","label":"chapter","depth":3,"order_by":1,"parent_id":13102,"metadata":{},"date_created":"2026-06-26 03:46:24","date_modified":"2026-06-26 03:46:24","permalink":{"id":196255,"object_type":"structure","relational_id":13950,"identifier":"42","token":"3.2\/III\/42","url":"\/3.2\/III\/42\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13102,"edition_id":1,"name":"Production and Sale of Agricultural Products","identifier":"III","label":"subtitle","depth":2,"order_by":1,"parent_id":12793,"metadata":{},"date_created":"2026-06-26 03:44:17","date_modified":"2026-06-26 03:44:17","permalink":{"id":195443,"object_type":"structure","relational_id":13102,"identifier":"III","token":"3.2\/III","url":"\/3.2\/III\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12793,"edition_id":1,"name":"Agriculture, Animal Care, and Food","identifier":"3.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":193939,"object_type":"structure","relational_id":12793,"identifier":"3.2","token":"3.2","url":"\/3.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":80628,"structure_id":14890,"section_number":"3.2-4204","catch_line":"Definitions","url":"\/3.2-4204\/","token":"3.2\/III\/42\/3\/3.2-4204","metadata":false},{"id":56853,"structure_id":14890,"section_number":"3.2-4205","catch_line":"Certifications","url":"\/3.2-4205\/","token":"3.2\/III\/42\/3\/3.2-4205","metadata":false},{"id":76149,"structure_id":14890,"section_number":"3.2-4206","catch_line":"Directory of cigarettes approved for stamping and sale","url":"\/3.2-4206\/","token":"3.2\/III\/42\/3\/3.2-4206","metadata":false},{"id":70883,"structure_id":14890,"section_number":"3.2-4206.01","catch_line":"List of persons ineligible to be authorized holders","url":"\/3.2-4206.01\/","token":"3.2\/III\/42\/3\/3.2-4206.01","metadata":false},{"id":84065,"structure_id":14890,"section_number":"3.2-4206.1","catch_line":"Bond requirement for newly qualified and elevated-risk nonparticipating manufacturers","url":"\/3.2-4206.1\/","token":"3.2\/III\/42\/3\/3.2-4206.1","metadata":false},{"id":74369,"structure_id":14890,"section_number":"3.2-4207","catch_line":"Prohibition against stamping or sale or import of cigarettes not in the Directory","url":"\/3.2-4207\/","token":"3.2\/III\/42\/3\/3.2-4207","metadata":false},{"id":77004,"structure_id":14890,"section_number":"3.2-4208","catch_line":"Agent for service of process","url":"\/3.2-4208\/","token":"3.2\/III\/42\/3\/3.2-4208","metadata":false},{"id":80741,"structure_id":14890,"section_number":"3.2-4208.1","catch_line":"Joint and several liability","url":"\/3.2-4208.1\/","token":"3.2\/III\/42\/3\/3.2-4208.1","metadata":false},{"id":81710,"structure_id":14890,"section_number":"3.2-4209","catch_line":"Reporting of information","url":"\/3.2-4209\/","token":"3.2\/III\/42\/3\/3.2-4209","metadata":false},{"id":63368,"structure_id":14890,"section_number":"3.2-4209.1","catch_line":"Additional information required","url":"\/3.2-4209.1\/","token":"3.2\/III\/42\/3\/3.2-4209.1","metadata":false},{"id":78269,"structure_id":14890,"section_number":"3.2-4210","catch_line":"Escrow fund information","url":"\/3.2-4210\/","token":"3.2\/III\/42\/3\/3.2-4210","metadata":false},{"id":67252,"structure_id":14890,"section_number":"3.2-4211","catch_line":"Quarterly escrow payments by certain nonparticipating manufacturers","url":"\/3.2-4211\/","token":"3.2\/III\/42\/3\/3.2-4211","metadata":false},{"id":83441,"structure_id":14890,"section_number":"3.2-4212","catch_line":"Penalties and other remedies","url":"\/3.2-4212\/","token":"3.2\/III\/42\/3\/3.2-4212","metadata":false},{"id":73866,"structure_id":14890,"section_number":"3.2-4213","catch_line":"Notice and review of determination","url":"\/3.2-4213\/","token":"3.2\/III\/42\/3\/3.2-4213","metadata":false},{"id":86002,"structure_id":14890,"section_number":"3.2-4214","catch_line":"Promulgation of regulations","url":"\/3.2-4214\/","token":"3.2\/III\/42\/3\/3.2-4214","metadata":false},{"id":63930,"structure_id":14890,"section_number":"3.2-4215","catch_line":"Submission to jurisdiction of the Commonwealth; pleadings in English sufficient","url":"\/3.2-4215\/","token":"3.2\/III\/42\/3\/3.2-4215","metadata":false},{"id":78748,"structure_id":14890,"section_number":"3.2-4215.1","catch_line":"Authority of Attorney General; audit and investigation","url":"\/3.2-4215.1\/","token":"3.2\/III\/42\/3\/3.2-4215.1","metadata":false},{"id":81168,"structure_id":14890,"section_number":"3.2-4216","catch_line":"Recovery of costs and fees by Attorney General","url":"\/3.2-4216\/","token":"3.2\/III\/42\/3\/3.2-4216","metadata":false},{"id":68406,"structure_id":14890,"section_number":"3.2-4217","catch_line":"Disgorgement of profits for violations","url":"\/3.2-4217\/","token":"3.2\/III\/42\/3\/3.2-4217","metadata":false},{"id":82259,"structure_id":14890,"section_number":"3.2-4217.1","catch_line":"Presumption","url":"\/3.2-4217.1\/","token":"3.2\/III\/42\/3\/3.2-4217.1","metadata":false},{"id":61847,"structure_id":14890,"section_number":"3.2-4218","catch_line":"Conflicts","url":"\/3.2-4218\/","token":"3.2\/III\/42\/3\/3.2-4218","metadata":false},{"id":72681,"structure_id":14890,"section_number":"3.2-4219","catch_line":"Materially false statements","url":"\/3.2-4219\/","token":"3.2\/III\/42\/3\/3.2-4219","metadata":false}],"previous_section":{"id":74369,"structure_id":14890,"section_number":"3.2-4207","catch_line":"Prohibition against stamping or sale or import of cigarettes not in the Directory","url":"\/3.2-4207\/","token":"3.2\/III\/42\/3\/3.2-4207","metadata":false},"next_section":{"id":80741,"structure_id":14890,"section_number":"3.2-4208.1","catch_line":"Joint and several liability","url":"\/3.2-4208.1\/","token":"3.2\/III\/42\/3\/3.2-4208.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/3.2-4208\/","history_text":"

This law was first created in 2003. The record of its establishment is cataloged in chapter 798<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 2008, chapters 758<\/a> and 860<\/a>.<\/p>","references":[{"id":56853,"section_number":"3.2-4205","catch_line":"Certifications","order_by":null,"url":"\/3.2-4205\/"}],"refers_to":[{"id":80296,"section_number":"3.2-4200","catch_line":"Definitions","order_by":null,"url":"\/3.2-4200\/"}],"permalink":{"id":196303,"object_type":"law","relational_id":77004,"identifier":"3.2-4208","token":"3.2\/III\/42\/3\/3.2-4208","url":"\/3.2-4208\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/3.2-4208\/","token":"3.2\/III\/42\/3\/3.2-4208","dublin_core":{"Title":"Agent for service of process","Type":"Text","Format":"text\/html","Identifier":"\u00a7 3.2-4208","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any nonresident or foreign nonparticipating manufacturer<\/span> that has not registered to do business in the Commonwealth as a foreign corporation or business entity shall, as a condition precedent<\/span> to having its brand families listed or retained in the Directory, appoint and continually engage without interruption the services of an agent in the Commonwealth to act as agent for the service of process<\/span> on whom all process, and any action or proceeding against it concerning or arising out of the enforcement of this article or Article 1 (§ 3.2-4200<\/a> et seq.) of this chapter may be served in any manner authorized by law<\/span>. Such service shall constitute legal and valid service of process<\/span> on the nonparticipating manufacturer<\/span>. The nonparticipating manufacturer<\/span> shall provide the name, address, phone number and proof of the appointment and availability of such agent to the satisfaction of the Commissioner<\/span> and Attorney General<\/span>. Any nonparticipating manufacturer<\/span> located outside of the United States shall, as an additional condition precedent<\/span> to having its brand families listed or retained in the Directory, cause each of its importers into the United States of any of its brand families to be sold in Virginia to appoint and continually engage without interruption the services of an agent in the Commonwealth in accordance with the provisions of this section. All obligations of a nonparticipating manufacturer<\/span> imposed by this section with respect to appointment of its agent shall likewise apply to such importers with respect to appointment of their agents. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The nonparticipating manufacturer<\/span> shall provide notice to the Commissioner<\/span> and Attorney General<\/span> 30 calendar days prior to termination of the authority of an agent and shall further provide proof to the satisfaction of the Attorney General<\/span> of the appointment of a new agent no less than five calendar days prior to the termination of an existing agency appointment. In the event an agent terminates an agency appointment, the nonparticipating manufacturer<\/span> shall notify the Commissioner<\/span> and Attorney General<\/span> of said termination within five calendar days and shall include proof to the satisfaction of the Attorney General<\/span> of the appointment of a new agent. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Any nonparticipating manufacturer<\/span> whose products are sold in this state, without appointing or designating an agent as herein required, shall be deemed to have appointed the Secretary of the Commonwealth as such agent and may be proceeded against in courts<\/span> of the Commonwealth by service of process<\/span> upon the Secretary of the Commonwealth. The appointment of the Secretary of the Commonwealth as such agent shall not satisfy the condition precedent<\/span> to having its brand families listed or retained in the Directory. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nAGENT FOR SERVICE OF PROCESS (\u00a7 3.2-4208)\n\nA. Any nonresident or foreign nonparticipating manufacturer that has not\nregistered to do business in the Commonwealth as a foreign corporation or\nbusiness entity shall, as a condition precedent to having its brand families\nlisted or retained in the Directory, appoint and continually engage without\ninterruption the services of an agent in the Commonwealth to act as agent for\nthe service of process on whom all process, and any action or proceeding against\nit concerning or arising out of the enforcement of this article or Article 1\n(§ 3.2-4200 et seq.) of this chapter may be served in any manner authorized\nby law. Such service shall constitute legal and valid service of process on the\nnonparticipating manufacturer. The nonparticipating manufacturer shall provide\nthe name, address, phone number and proof of the appointment and availability of\nsuch agent to the satisfaction of the Commissioner and Attorney General. Any\nnonparticipating manufacturer located outside of the United States shall, as an\nadditional condition precedent to having its brand families listed or retained\nin the Directory, cause each of its importers into the United States of any of\nits brand families to be sold in Virginia to appoint and continually engage\nwithout interruption the services of an agent in the Commonwealth in accordance\nwith the provisions of this section. All obligations of a nonparticipating\nmanufacturer imposed by this section with respect to appointment of its agent\nshall likewise apply to such importers with respect to appointment of their\nagents.\n\nB. The nonparticipating manufacturer shall provide notice to the Commissioner\nand Attorney General 30 calendar days prior to termination of the authority of\nan agent and shall further provide proof to the satisfaction of the Attorney\nGeneral of the appointment of a new agent no less than five calendar days prior\nto the termination of an existing agency appointment. In the event an agent\nterminates an agency appointment, the nonparticipating manufacturer shall notify\nthe Commissioner and Attorney General of said termination within five calendar\ndays and shall include proof to the satisfaction of the Attorney General of the\nappointment of a new agent.\n\nC. Any nonparticipating manufacturer whose products are sold in this state,\nwithout appointing or designating an agent as herein required, shall be deemed\nto have appointed the Secretary of the Commonwealth as such agent and may be\nproceeded against in courts of the Commonwealth by service of process upon the\nSecretary of the Commonwealth. The appointment of the Secretary of the\nCommonwealth as such agent shall not satisfy the condition precedent to having\nits brand families listed or retained in the Directory.\n\nHISTORY: 2003, c. 798, \u00a7 3.1-336.7; 2008, cc. 758, 860.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}