with his approval on the attachment." 8 Process of attachment may issue against foreign corporations having property in this State." § 143. Alaska. All foreign corporations before doing business in the District shall file in the office of the Secretary of the District and in the office of clerk of the District Court for the division wherein they intend to carry on business, a duly authenticated copy of their charter, and the appointment of an agent to receive service of process, 10 with the consent of the agent to act. It must also file a statement showing the name, and location of principal place of business without, and also (if it have one) within the district; amount of capital stock; amount thereof paid in, in money, and amount paid in in any other way, and manner thereof; amount of assets and of what they consist, and actual cash value thereof; liabilities, and if any of its indebtedness is secured, how and upon what property; and this statement must be renewed annually. § 144. Arizona. "Any company incorporated under the laws of any other state, territory or foreign country which shall carry on any business, enterprise, or occupation, in this territory shall, before entering upon, doing, or transacting, such business, enterprise or occupation in this territory, file a certified and duly authenticated copy of its articles of incorporation or charter and the appointment of an agent as hereinafter specified, with the secretary of the territory and the county recorder in each county in this territory in which such business, enterprise or occupation is to be carried on" and shall publish a copy six times in a newspaper published in one of the counties, and file an affidavit of such publication." "Any such foreign 8 Ala. Code, § 534. • Ibid. § 535. 10 Alaska Civ. Code, § 225. 11 Ari. Civ. Code, § 909. corporation shall in writing over the hand of its president or other chief officer attested by its secretary or a resolution of its board of directors appoint a resident agent in each county in this territory in which such corporation proposes to carry on any business enterprise or occupation. All such agents shall be actual and bona fide residents of the county for which they are appointed, and of the territory for at least three years, and the full name and residence of each shall be stated in the writing appointing them." 12 "No corporation such as is mentioned . . . shall transact any business whatsoever in this territory until and unless it shall have first filed its articles of incorporation and appointment of an agent as required in the two preceding sections, and every act done by it prior to the filing thereof shall be utterly void." 13 "Should any agent so appointed absent himself from the county in which his appointment is filed for a period of three months consecutively, and no other agent be appointed for said corporation within four months after the commencement of such absence of such agent, the right to transact business by the corporation represented by such agent shall cease, and all acts or contracts performed or made thereafter shall, at the option of any person interested, be declared null and void." 14 "Upon complying with the provisions of this chapter, any association, company or corporation, organized or incorporated under the laws of any other state or territory, or any foreign country, shall be qualified and competent to take, receive and acquire, either by purchase or by operation of law, and possess, own, hold and dispose of any and all kinds of real and personal property within this territory, and to prosecute and defend and to appear, especially and generally, in any action in any court of or within this territory, and shall have, hold and enjoy, except as hereinafter provided, the same rights and privileges as are now held and enjoyed, or that may be hereafter held 12 Ibid. § 910. 13 Ibid. § 911. 14 Ibid. § 912. and enjoyed by any association, company or corporation organized or incorporated under the laws of this territory: provided, no association, company or corporation, organized or incorporated under the laws of any foreign country, shall take, receive, acquire, possess, hold or own, at any one time, more than 320 acres of real estate, exclusive of mines and mineral lands and land necessary or convenient for milling, smelting, reducing or working ores, or for manufacturing or commercial purposes." 15 In suits against a corporation summons may be served upon an officer or resident agent or by leaving a copy at the principal office of the company during office hours.16 It shall not be lawful for any insurance company not incorporated under the laws of this Territory to transact the business of insurance within the Territory unless the insurance company shall have first filed with the Secretary of the Territory its articles of incorporation and a statement under oath showing, First. The name and locality of the company; Second. The amount of capital stock; Third. The capital stock paid up; Fourth. The amount of its accumulation and assets and liabilities; Fifth. Surplus as to policy holders; and also filed with the county recorder in each county in which it transacts business a lawful appointment of a resident agent to receive service of process; and service on such agent shall be lawful service. When these provisions are complied with the Secretary shall issue to the company a certificate of authority to transact business in the territory.17 This statement must be renewed annually.18 § 145. Arkansas. The constitution provides that "Foreign corporations may be authorized to do business in this State under such limita 15 Ibid. § 913. 16 Ibid. § 1323. 17 Ibid. §§ 810, 811, 812. 18 Ibid. § 813. tions and restrictions as may be prescribed by law. Provided, that no such corporation shall do any business in this State except while it maintains therein one or more known places of business and an authorized agent or agents in the same upon whom process may be served; and, as to contracts made or business done in this State, they shall be subject to the same regulations, limitations and liabilities as like corporations of this State, and shall exercise no other or greater powers, privileges or franchises than may be exercised by like corporations of this State, nor shall they have power to condemn or appropriate private property." 19 "Every company or corporation incorporated under the laws of any other State, Territory or Country, now or hereafter doing business in this State, shall file in the office of the Secretary of State of this State a copy of its charter, or articles of incorporation, or association, or in case such company or corporation is incorporated merely by a certificate, then a copy of its certificate of incorporation, duly authenticated and certified by the proper authority. The Secretary of State shall cause all such charters, articles of incorporation, or association, so filed to be duly recorded in a book kept for that purpose. And such corporation shall be required to pay into the treasury of the State incorporating and other fees equal to those required of similar corporations formed within and under the laws of this State. Upon compliance with the above provisions by said corporation the Secretary of State shall cause to be issued to said corporation a copy of such charter, or articles of incorporation, or certificate so filed, properly certified under the seal of his office, and a copy of such charter or articles of incorporation or certificate, certified to by the Secretary of State shall be taken by all the courts of this State as evidence that the said corporation has complied with the provisions of this act, and is entitled to all the rights and benefits therein conferred. And such corporation shall be entitled to all the rights and privileges, and subject to all the 19 Ark. Const. Art. 12, § 11; Stat. § 1322. penalties conferred and imposed by the laws of this State upon similar corporations formed and existing under the laws of this State." But this act, it is provided, shall not apply to railroad companies, which have heretofore built their lines of railroad through the State, or to "drummers" or travelling salesmen soliciting business in the State for foreign corporations which are entirely non-resident.20 "Every corporation formed in any other State, Territory, Country, or County, before it shall be authorized or permitted. to establish a business in this State, or to continue business therein, if already established, shall by its certificate, under the hand of the president and seal of such company or corporation, file in the office of the Secretary of this State, a copy of its articles of incorporation, if not already filed therein, and also with the clerk of the county in which it has opened an office for the purpose of transacting business, and in addition thereto shall file with the Secretary of State and the clerk of the county in which it has opened an office, or commenced business, within six months after the establishment of such office or the beginning of such business, a statement showing the proportional part of its capital stock which it has in use in the operation of its business, both in the State and in the county in which it is doing business." 21 No foreign corporation "shall be authorized or entitled to make any contract in this State until it has complied with the provisions of the foregoing section, nor shall it be authorized to sue on any contract made in this State until the provisions. of section one (1) of this act are complied with; provided, that corporations now doing business in this State may have sixty days to comply with this act. This act shall not apply to Railway, Express, Telegraph, Palace Car and Insurance Corporations." 22 This section would seem to modify the meaning of the earlier provision, which was: "If any 20 Ark. 1899, Act. 168. 21 Ark. 1901, Act 216, § 1. 22 Ibid. §§ 2, 3. |