employment for such corporation in this State shall be severally guilty of a misdemeanor, and, upon indictment and conviction in the circuit court of any county in which such corporation, or any officer, agent or employé thereof transacts or engages in any business, be fined for each offense not less than five hundred nor more than one thousand dollars." 149 "Every corporation organized under the laws of this State, and every corporation doing business in this State, shall, in a conspicuous place, on its principal place or places of business, in letters sufficiently large to be easily read, have painted or printed the corporate name of such corporation, and immediately under the same, in like manner, shall be printed or painted the word 'incorporated.' And immediately under the name of such corporation, upon all printed or advertising matter used by such corporation, except railroad companies, banks, trust companies, insurance companies and building and loan associations, shall appear in letters sufficiently large to be easily read, the word 'incorporated.' Any corporation which shall fail or refuse to comply with the provisions of this section shall be subject to a fine of not less than one hundred dollars and not more than five hundred dollars." 150

A foreign insurance company is specially dealt with. It must furnish a copy of the charter to the commissioner, who upon being satisfied that the company has complied with the laws of the State shall furnish a license to transact business to its agents.151 In addition it must file with the commissioner a resolution adopted by its board of directors, consenting that service of process upon any agent of such company in this State, or upon the commissioner of insurance of this State, in any action brought or pending in this State, shall be a valid service upon said company; and if process is served upon the commissioner it shall be his duty to at once send it by mail, addressed to the company at its principal office; and if any

company shall, without the consent of the other party to any suit or proceeding brought by or against it in any court of this State, remove said suit or proceeding to any Federal court, or shall institute any suit or proceeding against any citizen of this State in any Federal court, it shall be the duty of the commissioner to forthwith revoke all authorities to such company and its agents to do business in this State, and to publish. such revocation in some newspaper of general circulation published in the State.152 "Licenses to agents of foreign companies must be renewed annually in the same manner as original licenses, upon a finding by the commissioner that the company represented by the agent has fully complied with the law, and maintains its required capital or reserve; and whoever solicits and receives application for insurance on behalf of any insurance company, or transmits for any person other than himself an application for insurance, or a policy of insurance to or from such company, or advertises that he will receive or transmit the same, or who shall, in any manner, directly or indirectly, aid or assist in transacting the insurance business of any insurance company, shall be held to be an agent of such company within the meaning of this article, anything in the policy or application to the contrary notwithstanding; and any person acting as the agent of any company within the meaning of this section, without first procuring and having a license from the commissioner to act as such agent, or, after such license has expired, been suspended or revoked, or who shall procure any premium or obligation therefor by fraudulent representations, shall be deemed and held to be guilty of a misdemeanor, and upon conviction for such offense, shall be fined not less than fifty nor more than one hundred dollars for each offense." 153

"When by the laws of any other State any taxes, fines, penalties, deposits of money, or of securities or other obligations, prohibitions or requirements, are imposed upon insur

152 Ibid. § 631. 153 Ibid. § 633.

ance companies organized or incorporated under any general or special law of this State, and transacting business in such other State, or upon the agents of such insurance company, greater than those imposed upon similar companies by the laws of this State, or when such laws of other States shall require insurance companies of this Commonwealth to deposit money or security for the benefit or protection of citizens of such other States, or when the laws of any other State, or the officers thereof, shall prohibit companies of this Commonwealth from transacting business in said State without a special examination of said companies, or a computation of their liabilities by the officers of said State, the same taxes, fines, penalties, deposits, examinations, obligations and requirements shall be imposed upon all insurance companies doing business in this State, which are incorporated or organized under the laws of such State, and upon their agents." 154

In the case of life insurance companies, a reserve of at least one hundred thousand dollars must be deposited with the chief financial officer of some State. 155 Companies for furnishing life or accident insurance upon the assessment plan file a special form of statement.156 Other insurance companies must have one hundred and fifty thousand dollars of unimpaired capital or assets; 157 and any company whose capital is impaired to the extent of twenty per cent. must cease business. Foreign building and loan associations also file special statements and obtain a license.1

158

Foreign railway companies are subject to the following provisions: "No company, association or corporation created by, or organized under, the laws or authority of any State or country other than this State, shall possess, control, maintain or operate any railway, or part thereof, in this State until, by

154 Ibid. § 637.

155 Ibid. § 657.

156 Ibid. § 680.

157 Ibid. § 693.

158 Ibid. §§ 873, 875, 876.

incorporation under the laws of this State, the same shall have become a corporation, citizen and resident of this State. Any such company, association or corporation may, for the purpose of possessing, controlling, maintaining or operating a railway or part thereof in this State, become a corporation, citizen and resident of this State by being incorporated in the manner following, namely: By filing in the office of the Secretary of State, and in the office of the railroad commission, a copy of the charter or articles of incorporation of such company, association or corporation, authenticated by its seal and by the attestation of its president and secretary, and thereupon, and by virtue thereof, such company, association or corporation shall at once become and be a corporation, citizen and resident of this State. The Secretary of State shall issue to such corporation a certificate of such incorporation.159

Any company, association or corporation that, after the first day of August, one thousand eight hundred and ninetythree, possesses, controls, maintains or operates any railway, or part thereof, in this State, without becoming incorporated as a corporation, citizen and resident of this State, as permitted by section eight hundred and forty-one, shall be guilty of a misdemeanor, punishable by a fine of not less than one thousand dollars for each day, or part thereof, that any railway, or part thereof, in this State, is possessed, controlled, maintained or operated by it; any person that in anywise aids or assists, either as officer, agent, servant or employé in so possessing, controlling, maintaining or operating any railway, or part thereof, in this State, shall be guilty of a misdemeanor, punishable by a fine of not less than one hundred dollars for each day or part thereof that he so assists or aids." 160

Foreign corporations "formed for the purpose or engaged in the business of buying, gathering or accumulating information or news, of vending, supplying, distributing or publishing the same" must furnish the news to all applicants without

159 Ibid. §841. 160 Ibid. § 842.

discrimination; refusal to do so forfeits their right to do business in the State, and subjects them to a penalty of one hundred to one thousand dollars. 161

An attachment may issue against a foreign corporation on a debt or demand arising upon a contract, express or implied, or a judgment or award.162

8160. Louisiana.

The constitution provides that "no domestic or foreign corporation shall do any business in this State without having one or more known places of business and an authorized agent or agents in the State upon whom process may be served." 163 It shall be the duty of all corporations domiciled out of the State, doing business in the State, excepting mercantile corporations, to file in the office of the Secretary of State a declaration of the place or locality of its domicile, together with the name of its agent or officer in the State representing said corporation upon whom service of process can be made. 164 "Whenever any such corporation shall do any business of any nature whatsoever in this state, without having complied with the requirements of [the preceding section], it may be sued upon any cause of action in the parish where the right or cause of action arose, and service of process may be made upon the person or persons, firm or company, acting or transacting such business for such corporation and each person or persons, company or firm, shall be deemed the agent of said corporation upon whom service can be made." 165

§ 161. Maine.

Foreign corporations may sue and be sued by their corporate name, and if they have property in the State it may be attached and appraised and set off on execution like the prop

161 Ibid. § 883 a.

162 Ky. Civ. Code, § 194.

163 La. Const. Art. 264.

104 La. 1890, ch. 249, § 1.

165 Ibid. § 2.