{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.01-312.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.01-312.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.01-312.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.01-312.html"}],"law_id":67145,"edition_id":1,"section_id":67145,"structure_id":13354,"section_number":"8.01-312","catch_line":"Effect of service on statutory agent; duties of such agent; time for responding to process","history":"Code 1950, \u00a7 8-67.2; 1954, c. 333; 1970, c. 680; 1972, c. 408; 1976, c. 26; 1977, c. 617; 2013, c. 113; 2024, c. 454.","full_text":"A\n\nService of process on the statutory agent shall have the same legal force and validity as if served within the Commonwealth personally upon the person for whom it is intended. It shall be the duty of the Commissioner of the Department of Motor Vehicles or the Secretary of the Commonwealth as statutory agent to:1\n\nProvide a receipt to a party seeking service who serves process on the statutory agent by hand 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 party seeking service shall be responsible for filing such receipt in the office of the clerk of court in which the action is pending;2\n\nForthwith send by registered or certified mail, with return receipt requested, a copy of the process to the person named therein and for whom the statutory agent is receiving the process; and3\n\nFile an affidavit of compliance with this section with the papers in the action; this filing shall be made in the office of the clerk of the court in which the action is pending.A1\n\nThe duties of the Clerk of the State Corporation Commission as statutory agent are governed by § 12.1-19.1.B\n\nUnless otherwise provided by § 8.01-313 and subject to the provisions of § 8.01-316, the address for the mailing of the process required by this section by the Commissioner of the Department of Motor Vehicles or the Secretary of the Commonwealth shall be that as provided by the party seeking service. The address for mailing the process served on the Clerk of the State Corporation Commission is specified in subsection D of § 12.1-19.1.C\n\nThe time for a nonresident to respond to process sent by the Commissioner of the Department of Motor Vehicles or the Secretary of the Commonwealth as statutory agent shall run from the date when the affidavit of compliance is filed in the office of the clerk of the court in which the action is pending. The time for a person, corporation, or other entity to respond to process sent by the Clerk of the State Corporation Commission as statutory agent shall run from the date when the certificate of compliance is filed as required by subsection B of § 12.1-19.1.","order_by":null,"text":{"0":{"id":243338,"text":"Service of process on the statutory agent shall have the same legal force and validity as if served within the Commonwealth personally upon the person for whom it is intended. It shall be the duty of the Commissioner of the Department of Motor Vehicles or the Secretary of the Commonwealth as statutory agent to:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":243339,"text":"Provide a receipt to a party seeking service who serves process on the statutory agent by hand 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 party seeking service shall be responsible for filing such receipt in the office of the clerk of court in which the action is pending;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":243340,"text":"Forthwith send by registered or certified mail, with return receipt requested, a copy of the process to the person named therein and for whom the statutory agent is receiving the process; and","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":243341,"text":"File an affidavit of compliance with this section with the papers in the action; this filing shall be made in the office of the clerk of the court in which the action is pending.","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A1"},"4":{"id":243342,"text":"The duties of the Clerk of the State Corporation Commission as statutory agent are governed by § 12.1-19.1.","type":"section","prefixes":["A1"],"prefix":"A1","entire_prefix":"A1","prefix_anchor":"A1","level":1,"prior_prefix":"A3","next_prefix":"B"},"5":{"id":243343,"text":"Unless otherwise provided by § 8.01-313 and subject to the provisions of § 8.01-316, the address for the mailing of the process required by this section by the Commissioner of the Department of Motor Vehicles or the Secretary of the Commonwealth shall be that as provided by the party seeking service. The address for mailing the process served on the Clerk of the State Corporation Commission is specified in subsection D of § 12.1-19.1.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A1","next_prefix":"C"},"6":{"id":243344,"text":"The time for a nonresident to respond to process sent by the Commissioner of the Department of Motor Vehicles or the Secretary of the Commonwealth as statutory agent shall run from the date when the affidavit of compliance is filed in the office of the clerk of the court in which the action is pending. The time for a person, corporation, or other entity to respond to process sent by the Clerk of the State Corporation Commission as statutory agent shall run from the date when the certificate of compliance is filed as required by subsection B of § 12.1-19.1.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":13354,"edition_id":1,"name":"Who to Be Served","identifier":"4","label":"article","depth":3,"order_by":1,"parent_id":13353,"metadata":{},"date_created":"2026-06-26 03:44:42","date_modified":"2026-06-26 03:44:42","permalink":{"id":281529,"object_type":"structure","relational_id":13354,"identifier":"4","token":"8.01\/8\/4","url":"\/8.01\/8\/4\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13353,"edition_id":1,"name":"Process","identifier":"8","label":"chapter","depth":2,"order_by":1,"parent_id":12747,"metadata":{},"date_created":"2026-06-26 03:44:42","date_modified":"2026-06-26 03:44:42","permalink":{"id":281473,"object_type":"structure","relational_id":13353,"identifier":"8","token":"8.01\/8","url":"\/8.01\/8\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12747,"edition_id":1,"name":"Civil Remedies and Procedure","identifier":"8.01","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":277029,"object_type":"structure","relational_id":12747,"identifier":"8.01","token":"8.01","url":"\/8.01\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":57169,"structure_id":13354,"section_number":"8.01-296","catch_line":"Manner of serving process upon natural persons","url":"\/8.01-296\/","token":"8.01\/8\/4\/8.01-296","metadata":false},{"id":84916,"structure_id":13354,"section_number":"8.01-297","catch_line":"Process on convict defendant","url":"\/8.01-297\/","token":"8.01\/8\/4\/8.01-297","metadata":false},{"id":74903,"structure_id":13354,"section_number":"8.01-298","catch_line":"How summons for witness or juror served","url":"\/8.01-298\/","token":"8.01\/8\/4\/8.01-298","metadata":false},{"id":76632,"structure_id":13354,"section_number":"8.01-299","catch_line":"How process served on domestic stock corporations, nonstock corporations, and limited liability companies generally","url":"\/8.01-299\/","token":"8.01\/8\/4\/8.01-299","metadata":false},{"id":62573,"structure_id":13354,"section_number":"8.01-300","catch_line":"How process served on municipal and county governments and on quasi-governmental entities","url":"\/8.01-300\/","token":"8.01\/8\/4\/8.01-300","metadata":false},{"id":80689,"structure_id":13354,"section_number":"8.01-301","catch_line":"How process served on foreign stock or nonstock corporations and foreign limited liability companies generally","url":"\/8.01-301\/","token":"8.01\/8\/4\/8.01-301","metadata":false},{"id":57428,"structure_id":13354,"section_number":"8.01-302","catch_line":"Repealed","url":"\/8.01-302\/","token":"8.01\/8\/4\/8.01-302","metadata":false},{"id":60079,"structure_id":13354,"section_number":"8.01-303","catch_line":"On whom process served when corporation operated by trustee or receiver","url":"\/8.01-303\/","token":"8.01\/8\/4\/8.01-303","metadata":false},{"id":74972,"structure_id":13354,"section_number":"8.01-304","catch_line":"How process served on copartner or partnership, domestic or foreign limited liability partnership, and domestic or foreign limited partnership","url":"\/8.01-304\/","token":"8.01\/8\/4\/8.01-304","metadata":false},{"id":57093,"structure_id":13354,"section_number":"8.01-304.1","catch_line":"How process served on a business trust","url":"\/8.01-304.1\/","token":"8.01\/8\/4\/8.01-304.1","metadata":false},{"id":86653,"structure_id":13354,"section_number":"8.01-305","catch_line":"Process against unincorporated associations or orders, or unincorporated common carriers","url":"\/8.01-305\/","token":"8.01\/8\/4\/8.01-305","metadata":false},{"id":54446,"structure_id":13354,"section_number":"8.01-306","catch_line":"Process against unincorporated associations or orders, or unincorporated common carriers; principal office outside Virginia and business transactions in Virginia","url":"\/8.01-306\/","token":"8.01\/8\/4\/8.01-306","metadata":false},{"id":71881,"structure_id":13354,"section_number":"8.01-307","catch_line":"Definition of terms \"motor vehicle\" and \"nonresident\" in motor vehicle and aircraft accident cases","url":"\/8.01-307\/","token":"8.01\/8\/4\/8.01-307","metadata":false},{"id":61678,"structure_id":13354,"section_number":"8.01-308","catch_line":"Service on Commissioner of the Department of Motor Vehicles as agent for nonresident motor vehicle operator","url":"\/8.01-308\/","token":"8.01\/8\/4\/8.01-308","metadata":false},{"id":61128,"structure_id":13354,"section_number":"8.01-309","catch_line":"Service on Secretary of Commonwealth as agent of nonresident operator or owner of aircraft","url":"\/8.01-309\/","token":"8.01\/8\/4\/8.01-309","metadata":false},{"id":84659,"structure_id":13354,"section_number":"8.01-310","catch_line":"How service made on Commissioner, Secretary, and Clerk; appointment binding","url":"\/8.01-310\/","token":"8.01\/8\/4\/8.01-310","metadata":false},{"id":80670,"structure_id":13354,"section_number":"8.01-311","catch_line":"Continuance of action where service made on Commissioner, Secretary, and Clerk","url":"\/8.01-311\/","token":"8.01\/8\/4\/8.01-311","metadata":false},{"id":67145,"structure_id":13354,"section_number":"8.01-312","catch_line":"Effect of service on statutory agent; duties of such agent; time for responding to process","url":"\/8.01-312\/","token":"8.01\/8\/4\/8.01-312","metadata":false},{"id":81995,"structure_id":13354,"section_number":"8.01-313","catch_line":"Specific addresses for mailing by statutory agent and resident agent","url":"\/8.01-313\/","token":"8.01\/8\/4\/8.01-313","metadata":false},{"id":85430,"structure_id":13354,"section_number":"8.01-314","catch_line":"Service on attorney after entry of general appearance by such attorney","url":"\/8.01-314\/","token":"8.01\/8\/4\/8.01-314","metadata":false},{"id":83124,"structure_id":13354,"section_number":"8.01-315","catch_line":"Notice to be mailed defendant when service accepted by another","url":"\/8.01-315\/","token":"8.01\/8\/4\/8.01-315","metadata":false},{"id":66717,"structure_id":13354,"section_number":"8.01-316","catch_line":"Service by publication; when available","url":"\/8.01-316\/","token":"8.01\/8\/4\/8.01-316","metadata":false},{"id":58190,"structure_id":13354,"section_number":"8.01-317","catch_line":"What order of publication to state; how published; when publication in newspaper dispensed with; electronic notice","url":"\/8.01-317\/","token":"8.01\/8\/4\/8.01-317","metadata":false},{"id":54333,"structure_id":13354,"section_number":"8.01-318","catch_line":"Within what time after publication case tried or heard; no subsequent publication required","url":"\/8.01-318\/","token":"8.01\/8\/4\/8.01-318","metadata":false},{"id":56410,"structure_id":13354,"section_number":"8.01-319","catch_line":"Publication of interim notice","url":"\/8.01-319\/","token":"8.01\/8\/4\/8.01-319","metadata":false},{"id":76043,"structure_id":13354,"section_number":"8.01-320","catch_line":"Personal service outside of Virginia","url":"\/8.01-320\/","token":"8.01\/8\/4\/8.01-320","metadata":false},{"id":61509,"structure_id":13354,"section_number":"8.01-321","catch_line":"Repealed","url":"\/8.01-321\/","token":"8.01\/8\/4\/8.01-321","metadata":false},{"id":54367,"structure_id":13354,"section_number":"8.01-322","catch_line":"Within what time case reheard on petition of party served by publication, and any injustice corrected","url":"\/8.01-322\/","token":"8.01\/8\/4\/8.01-322","metadata":false},{"id":61401,"structure_id":13354,"section_number":"8.01-323","catch_line":"In what counties city newspapers deemed published for purpose of legal advertisements","url":"\/8.01-323\/","token":"8.01\/8\/4\/8.01-323","metadata":false},{"id":62668,"structure_id":13354,"section_number":"8.01-324","catch_line":"Newspapers that may be used for legal notices and publications","url":"\/8.01-324\/","token":"8.01\/8\/4\/8.01-324","metadata":false},{"id":86831,"structure_id":13354,"section_number":"8.01-325","catch_line":"Return by person serving process","url":"\/8.01-325\/","token":"8.01\/8\/4\/8.01-325","metadata":false},{"id":58455,"structure_id":13354,"section_number":"8.01-326","catch_line":"Return as proof of service","url":"\/8.01-326\/","token":"8.01\/8\/4\/8.01-326","metadata":false},{"id":57208,"structure_id":13354,"section_number":"8.01-326.1","catch_line":"Repealed","url":"\/8.01-326.1\/","token":"8.01\/8\/4\/8.01-326.1","metadata":false},{"id":83256,"structure_id":13354,"section_number":"8.01-327","catch_line":"Acceptance of service of process","url":"\/8.01-327\/","token":"8.01\/8\/4\/8.01-327","metadata":false}],"previous_section":{"id":80670,"structure_id":13354,"section_number":"8.01-311","catch_line":"Continuance of action where service made on Commissioner, Secretary, and Clerk","url":"\/8.01-311\/","token":"8.01\/8\/4\/8.01-311","metadata":false},"next_section":{"id":81995,"structure_id":13354,"section_number":"8.01-313","catch_line":"Specific addresses for mailing by statutory agent and resident agent","url":"\/8.01-313\/","token":"8.01\/8\/4\/8.01-313","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.01-312\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 7 times. 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. Those modifications are as follows: in 1954, chapter 333; in 1970, chapter 680; in 1972, chapter 408; in 1976, chapter 26; in 1977, chapter 617; in 2013, chapter 113<\/a>; in 2024, chapter 454<\/a>.<\/p>","references":[{"id":84659,"section_number":"8.01-310","catch_line":"How service made on Commissioner, Secretary, and Clerk; appointment binding","order_by":null,"url":"\/8.01-310\/"},{"id":81995,"section_number":"8.01-313","catch_line":"Specific addresses for mailing by statutory agent and resident agent","order_by":null,"url":"\/8.01-313\/"}],"refers_to":[{"id":71702,"section_number":"12.1-19.1","catch_line":"Service of process on the Clerk of the State Corporation Commission as statutory agent","order_by":null,"url":"\/12.1-19.1\/"},{"id":81995,"section_number":"8.01-313","catch_line":"Specific addresses for mailing by statutory agent and resident agent","order_by":null,"url":"\/8.01-313\/"},{"id":66717,"section_number":"8.01-316","catch_line":"Service by publication; when available","order_by":null,"url":"\/8.01-316\/"}],"permalink":{"id":281599,"object_type":"law","relational_id":67145,"identifier":"8.01-312","token":"8.01\/8\/4\/8.01-312","url":"\/8.01-312\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.01-312\/","token":"8.01\/8\/4\/8.01-312","dublin_core":{"Title":"Effect of service on statutory agent; duties of such agent; time for responding to process","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-312","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Service of process<\/span> on the statutory agent<\/span> shall have the same legal force and validity as if served within the Commonwealth personally upon the person<\/span> for whom it is intended. It shall be the duty of the Commissioner of the Department of Motor Vehicles or the Secretary of the Commonwealth as statutory agent<\/span> to: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Provide a receipt to a party<\/span> seeking service who serves process on the statutory agent<\/span> by hand 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<\/span> was accomplished. The party<\/span> seeking service shall be responsible for filing such receipt in the office of the clerk of court<\/span> in which the action<\/span> is pending; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Forthwith send by registered or certified mail, with return receipt requested, a copy of the process to the person<\/span> named therein and for whom the statutory agent<\/span> is receiving the process; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> File an affidavit<\/span> of compliance with this section with the papers in the action<\/span>; this filing shall be made in the office of the clerk of the court in which the action<\/span> is pending. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

A1.<\/span> The duties of the Clerk of the State Corporation Commission as statutory agent<\/span> are governed by § 12.1-19.1<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Unless otherwise provided by § 8.01-313<\/a> and subject to the provisions of § 8.01-316<\/a>, the address for the mailing of the process required by this section by the Commissioner of the Department of Motor Vehicles or the Secretary of the Commonwealth shall be that as provided by the party<\/span> seeking service. The address for mailing the process served on the Clerk of the State Corporation Commission is specified in subsection D of § 12.1-19.1<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The time for a nonresident to respond to process sent by the Commissioner of the Department of Motor Vehicles or the Secretary of the Commonwealth as statutory agent<\/span> shall run from the date when the affidavit<\/span> of compliance is filed in the office of the clerk of the court in which the action<\/span> is pending. The time for a person<\/span>, corporation, or other entity to respond to process sent by the Clerk of the State Corporation Commission as statutory agent<\/span> shall run from the date when the certificate of compliance is filed as required by subsection B of § 12.1-19.1<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nEFFECT OF SERVICE ON STATUTORY AGENT; DUTIES OF SUCH AGENT; TIME FOR RESPONDING\nTO PROCESS (\u00a7 8.01-312)\n\nA. Service of process on the statutory agent shall have the same legal force and\nvalidity as if served within the Commonwealth personally upon the person for\nwhom it is intended. It shall be the duty of the Commissioner of the Department\nof Motor Vehicles or the Secretary of the Commonwealth as statutory agent to:\n\n 1. Provide a receipt to a party seeking service who serves process on the\n statutory agent by hand delivery or any other method that does not provide a\n return of service or other means showing the date on which service on the\n statutory agent was accomplished. The party seeking service shall be\n responsible for filing such receipt in the office of the clerk of court in\n which the action is pending;\n\n 2. Forthwith send by registered or certified mail, with return receipt\n requested, a copy of the process to the person named therein and for whom the\n statutory agent is receiving the process; and\n\n 3. File an affidavit of compliance with this section with the papers in the\n action; this filing shall be made in the office of the clerk of the court in\n which the action is pending.\n\nA1. The duties of the Clerk of the State Corporation Commission as statutory\nagent are governed by § 12.1-19.1.\n\nB. Unless otherwise provided by § 8.01-313 and subject to the provisions of\n§ 8.01-316, the address for the mailing of the process required by this\nsection by the Commissioner of the Department of Motor Vehicles or the Secretary\nof the Commonwealth shall be that as provided by the party seeking service. The\naddress for mailing the process served on the Clerk of the State Corporation\nCommission is specified in subsection D of § 12.1-19.1.\n\nC. The time for a nonresident to respond to process sent by the Commissioner of\nthe Department of Motor Vehicles or the Secretary of the Commonwealth as\nstatutory agent shall run from the date when the affidavit of compliance is\nfiled in the office of the clerk of the court in which the action is pending.\nThe time for a person, corporation, or other entity to respond to process sent\nby the Clerk of the State Corporation Commission as statutory agent shall run\nfrom the date when the certificate of compliance is filed as required by\nsubsection B of § 12.1-19.1.\n\nHISTORY: Code 1950, \u00a7 8-67.2; 1954, c. 333; 1970, c. 680; 1972, c. 408; 1976,\nc. 26; 1977, c. 617; 2013, c. 113; 2024, c. 454.","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}}