1. A foreign trust company acting in this State in a fiduciary capacity or engaging in this State in the solicitation of trust company business pursuant to NRS 669.207 shall be deemed to have appointed the Commissioner as the agent of the foreign trust company for service of process in any action or proceeding against the foreign trust company that relates to or arises out of any matter in which the foreign trust company has:

(a) Acted or is acting in this State in a fiduciary capacity; or

(b) Engaged or is engaging in this State in solicitation of trust company business.

2. The commission of or engagement in this State in any act described in paragraph (a) or (b) of subsection 1 by a foreign trust company is deemed to signify the agreement of the foreign trust company that any legal process served upon the Commissioner pursuant to subsection 1 is of the same legal force and validity as if the legal process were served directly upon the foreign trust company.

3. Service of legal process pursuant to subsection 1 must be made by delivering to the Commissioner a copy of the legal process and paying the fee for service of process prescribed by the Commissioner. Such service shall be sufficient service of process upon a foreign trust company if:

(a) Notice of such service and a copy of the process are, within 10 days after delivery to the Commissioner, sent by certified mail by the plaintiff to the principal office of the foreign trust company named in the action or proceeding in the state or territory in which it is located; and

(b) An affidavit of compliance with paragraph (a) by the plaintiff is appended to the summons.

4. A court in which an action or proceeding pursuant to this section is pending may order such continuances as may be necessary to afford the foreign trust company named in the action or proceeding reasonable opportunity to defend the action.

5. The fee paid pursuant to subsection 3 by a plaintiff to the Commissioner at the time of the service of process may be recovered as taxable costs by the plaintiff from the defendant if the plaintiff prevails in the action.

6. The Commissioner shall keep a record of each legal process served on the Commissioner pursuant to this section which contains the date and time of each such service of process.

(Added to NRS by 2017, 557)