                                 CODE OF VIRGINIA

EFFECT OF SERVICE ON STATUTORY AGENT; DUTIES OF SUCH AGENT; TIME FOR RESPONDING
TO PROCESS (§ 8.01-312)

A. 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:

   1. 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;

   2. 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

   3. 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.

A1. The duties of the Clerk of the State Corporation Commission as statutory
agent are governed by &#xA7; 12.1-19.1.

B. Unless otherwise provided by &#xA7; 8.01-313 and subject to the provisions of
&#xA7; 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 &#xA7; 12.1-19.1.

C. 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 &#xA7; 12.1-19.1.

HISTORY: Code 1950, § 8-67.2; 1954, c. 333; 1970, c. 680; 1972, c. 408; 1976,
c. 26; 1977, c. 617; 2013, c. 113; 2024, c. 454.