Section 1762 Of Article 1. General Provisions From California Financial Code >> Division 1.1. >> Chapter 20. >> Article 1.
1762
. (a) (1) No foreign (other nation) bank (other than a bank
that is licensed to maintain an agency or branch office) shall be
issued a license to maintain a representative office unless it shall
have first filed with the commissioner, in the form that the
commissioner may by regulation or order require, an appointment
irrevocably appointing the commissioner and the commissioner's
successor from time to time in office to be the bank's attorney to
receive service of any lawful process in any noncriminal judicial or
administrative proceeding against the bank or any of its successors
that arises out of the activities in this state of the representative
office after the appointment has been filed, with the same force and
validity as if served personally on the bank or its successor, as
the case may be.
(2) Any foreign (other nation) bank (other than a bank that is
licensed to maintain an agency or branch office or that maintains a
federal agency or federal branch in this state) that maintains a
representative office and that has not filed with the commissioner an
appointment pursuant to paragraph (1) shall be deemed by the
maintenance of that office to have appointed the commissioner as its
attorney to receive service of any lawful process in any noncriminal
judicial or administrative proceeding against the bank or any of its
successors that arises out of the activities in this state of the
representative office with the same force and validity as if served
personally on the bank or its successor, as the case may be.
(b) (1) No foreign (other nation) bank shall be issued a license
to maintain an agency or branch office unless it shall have first
filed with the commissioner, in the form that the commissioner may by
regulation or order require, an appointment irrevocably appointing
the commissioner and the commissioner's successor from time to time
in office to be the bank's attorney to receive service of any lawful
process in any noncriminal judicial or administrative proceeding
against the bank or any of its successors that arises after the
appointment has been filed, with the same force and validity as if
served personally on the bank or its successor, as the case may be.
(2) Any foreign (other nation) bank that maintains an agency or
branch office (other than a federal agency or federal branch) and
that has not filed with the commissioner an appointment pursuant to
paragraph (1) shall be deemed by the maintenance of that office to
have appointed the commissioner as its attorney to receive service of
any lawful process in any noncriminal judicial or administrative
proceeding against the bank or any of its successors with the same
force and validity as if served personally on the bank or its
successor, as the case may be.
(c) Service may be made on a foreign (other nation) bank that has
appointed or is deemed to have appointed the commissioner as its
attorney for service of process by leaving a copy of the process at
any office of the commissioner. However, the service is not effective
unless (1) the party making the service, who may be the
commissioner, forthwith sends notice of the service and a copy of the
process by registered or certified mail to the bank served at its
last address on file with the commissioner at any of its offices in
this state or at its head office, and (2) an affidavit of compliance
with this subdivision by the party making service is filed in the
case on or before the return date, if any, or within any further time
that the court, in the case of a judicial proceeding, or the
administrative agency, in the case of an administrative proceeding,
allows.