Section 36. Every society authorized to do business in the commonwealth shall appoint in writing the commissioner and each successor in office to be its true and lawful attorney upon whom all lawful process in any action or proceeding against it shall be served, and shall agree in such writing that any lawful process against it which is served on said attorney shall be of the same legal force and validity as if served upon the society, and that the authority shall continue in force so long as any liability remains outstanding in the commonwealth. Copies of such appointment, certified by said commissioner, shall be deemed sufficient evidence thereof and shall be admitted in evidence with the same force and effect as the original thereof might be admitted.
Service shall only be made upon the commissioner, or if absent, upon the person in charge of his office. It shall be made in duplicate and shall constitute sufficient service upon the society. When legal process against a society is served upon the commissioner, he shall forthwith forward one of the duplicate copies by registered mail, prepaid, directed to the secretary or corresponding officer. Such service shall be made at least thirty days prior to the return day of the writ, and a society shall not be required to appear or file an answer, pleading or defence in less than thirty days after such service of any other process not commenced by writ. Legal process shall not be served upon a society except in the manner herein provided. At the time of serving any process upon the commissioner, the plaintiff or complainant in the action shall pay to the commissioner a fee of two dollars.
Structure Massachusetts General Laws
Part I - Administration of the Government
Chapter 176 - Fraternal Benefit Societies
Section 1a - Applicability of Chapter 176v to Fraternal Benefit Societies
Section 1b - Applicability of Chapter 176w to Fraternal Benefit Societies
Section 3 - Representative Form of Government
Section 4 - Articles of Incorporation; Preliminary Certificate; Certificate; Powers
Section 7 - Consolidation or Merger
Section 8 - Conversion to Mutual Life Insurance Company
Section 9 - Admission to Membership
Section 10 - Amendment of Articles of Incorporation
Section 11 - Fraudulent Alteration, etc., of Records
Section 13 - Disbursements; Vouchers
Section 14 - Creation and Operation of Charitable, Benevolent or Educational Institutions
Section 15 - Benefits Other Than Insurance Benefits
Section 16 - Liability of Officers and Members; Indemnification
Section 19 - Deferred Payments or Instalments
Section 20 - Paid-Up Nonforfeiture Benefits, Cash Surrender Values, and Other Options
Section 22 - Attachment or Other Process
Section 22a - Burial Benefits; Restrictions; Payment
Section 24 - Filing Copies of Forms With Commissioner; Standard Provisions of Certificates
Section 25 - Surplus of Assets; Waiver of Contributions
Section 29 - Termination and Renewal of Licenses; Fees; License as Evidence
Section 30 - Licensing of Foreign or Alien Societies
Section 31 - Action by Beneficiary
Section 32 - Foreign Societies; Deposits
Section 33 - Injunction Against Transaction of Business; Grounds; Procedure
Section 34 - Foreign or Alien Societies; Suspension or Denial of License
Section 35 - Agents of Societies; Licensing
Section 36 - Commissioner as Attorney for Service of Process
Section 37 - Injunction; Attorney General
Section 38 - Review of Commissioner's Decisions and Findings
Section 39 - Assets; Special Funds; Expenses
Section 40 - Investment of Funds
Section 41 - Reports; Annual Statements
Section 42 - Valuation of Bonds or Other Evidences of Debt
Section 43 - Additional, Increased or Extra Rates of Contributions
Section 45 - Foreign or Alien Societies; Examination; Confidentiality and Privilege
Section 46 - Financial Statement, Report or Finding; Service Upon Society
Section 47 - Misrepresentations, Etc. Concerning Society or Contract
Section 48 - Unfair Discrimination; Inducements Not Specified in Certificate or Contract
Section 51 - Application of Chapter
Section 53 - Jurisdiction to Restrain Violations, Etc.
Section 55 - Solicitation of Membership in Society Not Authorized to Transact Business, Etc.