(2) The Director of the Department of Consumer and Business Services is an agent of an out-of-state bank or extranational institution upon which process, notice or demand may be served, if:
(a) The out-of-state bank or extranational institution is authorized to conduct banking business in this state, and:
(A) The out-of-state bank or extranational institution fails to appoint or maintain a registered agent in this state;
(B) The registered agent that the out-of-state bank or extranational institution appointed cannot with reasonable diligence be found at the registered office;
(C) The certificate of authority for the out-of-state bank or extranational institution has been suspended or revoked; or
(D) The out-of-state bank or extranational institution is an unincorporated company, partnership or association;
(b) The out-of-state bank or extranational institution is conducting banking business in this state without the authorization required under this chapter;
(c) The out-of-state bank or extranational institution has been authorized to conduct banking business in this state and has withdrawn and consented to service on the director as prescribed in this chapter; or
(d) The out-of-state bank or extranational institution has conducted banking business in this state without the authorization to do so, has ceased to conduct banking business and has become subject to service on the director as prescribed in this chapter.
(3)(a) Except as provided in subsection (4) of this section, service of process, notice or demand must be made on the director by:
(A) Serving the director or a clerk on duty in an office of the director with a copy of the process, notice or demand and papers required by law to be delivered in connection with the service, or by mailing to the director a copy of the process, notice or demand by certified or registered mail, and paying a $25 fee for each document being served; or
(B) Transmitting notice of the service from the person that initiates the proceedings to the director and transmitting, by certified or registered mail, a copy of the process, notice or demand and accompanying papers to the out-of-state bank or extranational institution being served:
(i) At the last-registered office of the out-of-state bank or extranational institution as shown by the records of the director; or
(ii) At an address that the person that initiates the proceedings knows or, on the basis of reasonable inquiry, has reason to believe is most likely to result in actual notice.
(b) The person that initiates the proceedings shall file with the appropriate court or other body, as part of the return of service, the return receipt of mailing and an affidavit that states that the person complied with this section.
(4) If the out-of-state bank or extranational institution that is being served with the process, notice or demand is not authorized to conduct banking business in this state and was not authorized to conduct banking business in this state at the time the transaction, event or occurrence upon which the suit or proceeding is based occurred, service must be made in accordance with subsection (3) of this section, except that the plaintiff or the plaintiff’s attorney shall immediately send a copy of the process, notice or demand by registered or certified mail to the principal office or place of business of the out-of-state bank or extranational institution, instead of the last-registered office of the out-of-state bank or extranational institution.
(5) The director shall keep a record of all processes, notices and demands served upon the director under this section.
(6) This section does not limit or affect the right to serve process, notice or demand required or permitted by law to be served upon an out-of-state bank or extranational institution in a manner permitted by law, or enlarge the purposes for which service on the director is permitted where other provisions of law limit such purposes. [1989 c.324 §64; 1997 c.631 §299; 2011 c.263 §11]