Chap. 375.—An ACT requiring certain corporations and companies of other states
to appoint the Secretary of the Commonwealth its attorney for certain pur-
poses, to provide that transacting certain business or soliciting, making or de-
livering certain contracts in Virginia shall be deemed to be an appointment oi
the Secretary of the Commonwealth as attorney for certain purposes, and to
prescribe the duties of the Secretary of the Commonwealth when notice or
process is served upon him in such cases and the effect of such service.

Approved March 31, 1944

Be it enacted by the General Assembly of Virginia:

1. Section 1. Any foreign corporation doing business in this State
shall by written power of attorney appoint the Secretary of the Com-
monwealth and his successor in office its true and lawful attorney for the
purposes hereinafter stated.

Section 2. Any foreign insurance company, and any guaranty.
indemnity, fidelity or security company as defined in section forty-two
hundred of the Code of Virginia, before doing business in this State
shall by written power of attorney appoint the Secretary of the Common-
wealth and his successor in office its true and lawful attorney for the
purposes hereinafter stated.

Section 3. If any such company shall do business in this State
without having appointed the Secretary of the Commonwealth its true
and lawful attorney as required herein, it shall by doing such business
in the State of Virginia be deemed to have thereby appointed the Secre-
tary of the Commonwealth its true and lawful attorney for the purposes
hereinafter set forth.

Section 4. The requirements of the preceding sections of this act
shall be in addition to and not in derogation of any other provisions of
law, except that any foreign corporation which has in effect a power oi
attorney appointing the Secretary of the Commonwealth its attorney for
the purposes hereinafter stated shall be deemed to have complied with
the requirements of such sections.

Section 5. When the Secretary of the Commonwealth has been ap-
pointed or constituted attorney for any such corporation or company.
either by power of attorney or by failure to comply with the provisions of
this act, any lawful process against or notice to such corporation or com-
pany in any action or proceeding against it growing out of such business
may be served on the Secretary of the Commonwealth, and filing such
power of attorney or doing such business in Virginia shall be a signi-
fication of its agreement that any such process or notice so served shal]
be of the same legal force and validity as if served upon it in the State
of Virginia.

Section 6. Service of process shall be made by leaving two copies
of the process or notice, together with a fee of three dollars, in the office
of the Secretary of the Commonwealth, together with an affidavit giving
the latest known address of the defendant, and such service shall be sut-
ficient if notice of such service and a copy of the process or notice are
forthwith sent by registered mail, with return receipt requested, bv the
Secretary of the Commonwealth to the corporation or company at such
latest known address. An affidavit of the Secretary of the Commonwealth
showing compliance herewith shall be filed with the papers in the action
or proceeding. The court in which the action or proceeding is pending
may order such continuances as may be necessary to afford the defend-
ant reasonable opportunity to defend the action. No judgment shall be
entered against any such defendant under this section until at least
twenty days have elapsed after process or notice has been served on the
Secretary of the Commonwealth.

Section 7. If any part of this act be held unconstitutional the de-
cision shall not affect the validity of the remaining parts of this act.

Section 8. All acts and parts of acts irreconcilably inconsistent with
any provision or provisions of this act are repealed to the extent of such
inconsistency only.