47-14B-18. Service of process when due diligence fails.
In case the officer whose duty it is to serve legal process cannot by due diligence serve the process in any manner provided for by §47-14B-17, the process against the foreign business trust may be served upon the secretary of state, and such service shall be as effectual for all intents and purposes as if made in any of the ways provided for in §47-14B-17. In the event service is effected through the secretary of state in accordance with this section, the secretary of state shall forthwith notify the foreign business trust by letter, certified mail, return receipt requested, directed to the foreign business trust at its last registered office. Such letter shall enclose a copy of the process and any other papers served on the secretary of state pursuant to this section. The plaintiff shall, in the event of such service, serve process and any other papers in duplicate, notify the secretary of state that service is being effected pursuant to this section, and to pay to the secretary of state the sum of fifty dollars for the use of the state, which sum shall be taxed as a part of the costs in the proceeding if the plaintiff shall prevail therein. The secretary of state shall maintain an alphabetical record of any such service setting forth the name of the plaintiff and defendant, the title, docket number, and nature of the proceeding in which process has been served upon the secretary of state, the fact that service has been effected pursuant to this section, the return date thereof and the day and hour when the service was made. The secretary of state need not retain such information for a period longer than five years from receipt of the service of process.
Source: SL 2001, ch 245, §114.
Structure South Dakota Codified Laws
Chapter 14B - South Dakota Foreign Business Trust Act
Section 47-14B-1 - Laws governing organization of foreign business trust.
Section 47-14B-2 - Registration of foreign business trust.
Section 47-14B-3 - Doing business in the state.
Section 47-14B-4 - Certification and filing of application.
Section 47-14B-5 - Name of foreign business trust.
Section 47-14B-6 - Office and agent of foreign business trust.
Section 47-14B-7 - Change of address of registered office of foreign business trust.
Section 47-14B-8 - Resignation of foreign business trust registered agent--Successor--Appointment.
Section 47-14B-9 - Resignation of foreign business trust registered agent--No successor appointed.
Section 47-14B-10 - Correction of false application of foreign business trust.
Section 47-14B-11 - Canceling a foreign business trust.
Section 47-14B-12 - Action, suit, or proceeding by foreign business trust.
Section 47-14B-13 - Failure of foreign business trust to register.
Section 47-14B-14 - Liability of beneficial owner or trustee of foreign business trust.
Section 47-14B-15 - Jurisdiction of circuit court for failure to register or for false registration.
Section 47-14B-16 - Application of § 47-14A-51.
Section 47-14B-17 - Service of process on foreign business trust.
Section 47-14B-18 - Service of process when due diligence fails.
Section 47-14B-19 - Service of process on unregistered foreign business trust.
Section 47-14B-20 - "Doing business" defined.
Section 47-14B-21 - Service upon secretary of state--Notice to foreign business trust.
Section 47-14B-22 - Filing fees-Documents not effective until fee paid.
Section 47-14B-23 - Application of chapter.
Section 47-14B-24 - Compliance with requirements--Violation.