617.3 Foreign corporations or nonresidents contracting or committing torts in Iowa. 1. If the action is against any corporation or person owning or operating any railway or canal, steamboat or other rivercraft, or any telegraph, telephone, stage, coach, or carline, oragainst any express company, or against any foreign corporation, service may be made uponany general agent of such corporation, company, or person, wherever found, or upon anystation, ticket, or other agent, or person transacting the business thereof or selling ticketstherefor in the county where the action is brought; if there is no such agent in said county,then service may be had upon any such agent or person transacting said business in any othercounty. 2. If a foreign corporation makes a contract with a resident of Iowa to be performed in whole or in part by either party in Iowa, or if such foreign corporation commits a tort inwhole or in part in Iowa against a resident of Iowa, such acts shall be deemed to be doingbusiness in Iowa by such foreign corporation for the purpose of service of process or originalnotice on such foreign corporation under this section, and, if the corporation does not have aregistered gbusiness in Iowa by such foreign corporation for the purpose of service of process or originalnotice on such foreign corporation under this section, and, if the corporation does not have aregistered agent or agents in the state of Iowa, shall be deemed to constitute the appointmentof the secretary of state of the state of Iowa to be its true and lawful attorney upon whommay be served all lawful process or original notice in actions or proceedings arising from orgrowing out of such contract or tort. If a nonresident person makes a contract with a residentof Iowa to be performed in whole or in part by either party in Iowa, or if such person commitsa tort in whole or in part in Iowa against a resident of Iowa, such acts shall be deemed to bedoing business in Iowa by such person for the purpose of service of process or original noticeon such person under this section, and shall be deemed to constitute the appointment of thesecretary of state of the state of Iowa to be the true and lawful attorney of such person uponwhom may be served all lawful process or original notice in actions or proceedings arisingfrom or growing out of such contract or tort. e of Iowa to be the true and lawful attorney of such person uponwhom may be served all lawful process or original notice in actions or proceedings arisingfrom or growing out of such contract or tort. The term 'nonresident person' shall include anyperson who was, at the time of the contract or tort, a resident of the state of Iowa but whoremoved from the state before the commencement of such action or proceedings and ceasedto be a resident of Iowa or, a resident who has remained continuously absent from the state forat least a period of six months following commission of the tort. The making of the contractor the committing of the tort shall be deemed to be the agreement of such corporation or suchperson that any process or original notice so served shall be of the same legal force and effectas if served personally upon such defendant within the state of Iowa. The term 'resident ofIowa' shall include any Iowa corporation, any foreign corporation holding a certificate ofauthority to transact business in Iowa, any individual residing in Iowa, and any partnershipor association one or more of whose members is a resident of Iowa. 3. n corporation holding a certificate ofauthority to transact business in Iowa, any individual residing in Iowa, and any partnershipor association one or more of whose members is a resident of Iowa. 3. Service of such process or original notice shall be made by filing duplicate copies of said process or original notice with said secretary of state, together with a fee of ten dollars, andby mailing to the defendant and to each of them if more than one, by registered or certifiedmail, a notification of said filing with the secretary of state, the same to be so mailed withinten days after such filing with the secretary of state. Such notification shall be mailed to eachforeign corporation at the address of its principal office in the state or country under the lawsof which it is incorporated and to each such nonresident person at an address in the state ofresidence. The defendant shall have sixty days from the date of such filing with the secretaryof state within which to appear. Proof of service shall be made by filing in court the duplicatecopy of the process or original notice with the secretary of state’s certificate of filing, and theaffidavit of the plaintiff or the plaintiff’s service shall be made by filing in court the duplicatecopy of the process or original notice with the secretary of state’s certificate of filing, and theaffidavit of the plaintiff or the plaintiff’s attorney of compliance herewith. 4. The secretary of state shall keep a record of all processes or original notices so served upon the secretary of state, recording therein the time of service and the secretary of state’sactions with reference thereto, and the secretary of state shall promptly return one of saidduplicate copies to the plaintiff or the plaintiff’s attorney, with a certificate showing the timeof filing thereof in the secretary of state’s office. 5. The original notice of suit filed with the secretary of state shall be in form and substance the same as provided in rule of civil procedure 1.1901, form 3, Iowa court rules. 6. The notification of filing shall be in substantially the following form, to wit: Sat Dec 23 11:18:58 2023 Iowa Code 2024, Section 617.3 (21, 0) §617.3, COMMENCING ACTIONS 2 To ........................ (Here insert the name of each defendant with proper address.) You will take notice that an original notice of suitor process against you, a copy of 3, COMMENCING ACTIONS 2 To ........................ (Here insert the name of each defendant with proper address.) You will take notice that an original notice of suitor process against you, a copy of which is hereto attached, was dulyserved upon you at Des Moines, Iowa by filing a copy of said noticeor process on the ............ day of ........................ (month), ............(year), with the secretary of state of the state of Iowa. Dated at ........................, Iowa, this ............ day of ........................ (month), ............ (year)....................................PlaintiffBy....................................Attorney for Plaintiff 7. Actions against foreign corporations or nonresident persons as contemplated by this law may be brought in the county of which plaintiff is a resident, or in the county in which anypart of the contract is or was to be performed or in which any part of the tort was committed. [C51, §1727; R60, §2825; C73, §2611; C97, §3529; S13, §3529; C24, 27, 31, 35, 39, §11072; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §617.3; 81 Acts, ch 21, §20] 83 Acts, ch 101, §123; 2000 Acts, ch 1058, §56; 2002 Acts, ch 1119, §106; 2007 Acts, §3529; C24, 27, 31, 35, 39, §11072; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §617.3; 81 Acts, ch 21, §20] 83 Acts, ch 101, §123; 2000 Acts, ch 1058, §56; 2002 Acts, ch 1119, §106; 2007 Acts, ch 126, §101; 2011 Acts, ch 25, §70 Referred to in §85.3, 489.119, 533A.2, 537.1203, 548.115, 631.4, 631.6 Sat Dec 23 11:18:58 2023 Iowa Code 2024, Section 617.3 (21, 0)
Iowa Legal Code