180.1510 Service on foreign corporation.

WI Stat § 180.1510 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

180.1510 Service on foreign corporation.

(1) Except as provided in subs. (2) and (3), the registered agent of a foreign corporation authorized to transact business in this state is the foreign corporation's agent for service of process, notice or demand required or permitted by law to be served on the foreign corporation.

(2) A foreign corporation authorized to transact business in this state may be served in the manner provided in sub. (4) if the foreign corporation has no registered agent or its registered agent cannot with reasonable diligence be served.

(3) A foreign corporation formerly authorized to transact business in this state may be served in the manner provided in sub. (4) in any civil, criminal, administrative or investigatory proceeding based on a cause of action arising while it was authorized to transact business in this state, if the foreign corporation has done any of the following:

(a) Withdrawn from transacting business in this state under s. 180.1520.

(b) Had its certificate of authority revoked under s. 180.1531.

(4)

(a) With respect to a foreign corporation described in sub. (2) or (3), the foreign corporation may be served by registered or certified mail, return receipt requested, addressed to the foreign corporation at its principal office as shown on the records of the department, except as provided in par. (b). Service is perfected under this paragraph at the earliest of the following:

1. The date on which the foreign corporation receives the mail.

2. The date shown on the return receipt, if signed on behalf of the foreign corporation.

3. Five days after it is deposited in the U.S. mail, if mailed postpaid and correctly addressed.

(b) Except as provided in s. 180.1531 (2m) (b), if the address of the foreign corporation's principal office cannot be determined from the records of the department, the foreign corporation may be served by publishing a class 3 notice, under ch. 985, in the community where the foreign corporation's principal office or registered office, as most recently designated in the records of the department, is located.

(5) This section does not limit or affect the right to serve any process, notice or demand required or permitted by law to be served upon a foreign corporation in any other manner now or hereafter permitted by law.

History: 1989 a. 303; 1995 a. 27; 2011 a. 234.

Appointing a registered agent does not signify consent to general personal jurisdiction. Section 180.1507 is devoid of any language regarding either consent or jurisdiction. It merely requires that every foreign corporation authorized to do business in Wisconsin maintain a registered office and registered agent in the state. Subs. (1) to (3) describe the persons and entities eligible to serve as registered agents. Sub. (1) does mention “service of process" but service of process is an act distinct from the grounds necessary to confer general jurisdiction. The Segregated Account of Ambac Assurance Corporation v. Countrywide Home Loans, Inc. 2017 WI 71, 376 Wis. 2d 528, 898 N.W.2d 70, 15-1493.