[Code of Federal Regulations]
[Title 31, Volume 2]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 31CFR224.2]

[Page 73]
 
                  TITLE 31--MONEY AND FINANCE: TREASURY
 
         CHAPTER II--FISCAL SERVICE, DEPARTMENT OF THE TREASURY
 
PART 224--FEDERAL PROCESS AGENTS OF SURETY COMPANIES--Table of Contents
 
Sec. 224.2  Appointment of process agents.

    (a) Generally. Companies should especially note that the law 
prohibits the doing of business under the provisions of this act beyond 
the State under whose laws it was incorporated and in which its 
principal office is located until an agent is appointed to accept 
Federal process on behalf of the company. An agent for the service of 
Federal process should be appointed:
    (1) In the district where the principal resides;
    (2) In the district where the obligation is to be undertaken and 
performed; and
    (3) Also in the District of Columbia where the bond is returnable 
and filed.

The appointment of process agents pursuant to a local State statute is 
not compliance with the Federal law. Although one and the same agent may 
serve under both the State and Federal appointments, he must, 
nevertheless, be especially designated to accept Federal process. It 
should also be noted that the agent so designated must reside within the 
jurisdiction of the court for the judicial district wherein such 
suretyship is to be undertaken, and must be citizen of the State, 
Territory, or District of Columbia in which such court is held. 
Consequently an agent residing in the northern district of New York 
could not at the same time serve as the company's Federal process agent 
for the southern district of that State.
    (b) Agent required in District of Columbia. Every company must, 
immediately upon receipt of its initial authority from the Secretary of 
the Treasury, appoint a suitable person resident in the District of 
Columbia on whom may be served all lawful process issued by the Federal 
Courts in said district. This appointment is required whether or not the 
company contemplates the writing of bonds in favor of the United States 
to be undertaken within the District of Columbia.
    (c) Agent not required in State of incorporation where principal 
office is located. The law does not require the appointment of Federal 
process agents for the State under whose laws the company is 
incorporated, and in which its principal office is located.

[17 FR 2605, Mar. 26, 1952]