Iowa Code

Iowa Code § 617.3 (2026)

Foreign corporations or nonresidents contracting or committing torts in Iowa

✓ current as of July 2026

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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, or against any express company, or against any foreign corporation, service may be made upon any general agent of such corporation, company, or person, wherever found, or upon any station, ticket, or other agent, or person transacting the business thereof or selling tickets therefor 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 other county. 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 in whole or in part in Iowa against a resident of Iowa, such acts shall be deemed to be doing business in Iowa by such foreign corporation for the purpose of service of process or original notice on such foreign corporation under this section, and, if the corporation does not have a registered agent or agents in the state of Iowa, shall be deemed to constitute the appointment of the secretary of state of the state of Iowa to be its true and lawful attorney upon whom may be served all lawful process or original notice in actions or proceedings arising from or growing out of such contract or tort. If a nonresident person makes a contract with a resident of Iowa to be performed in whole or in part by either party in Iowa, or if such person commits a tort in whole or in part in Iowa against a resident of Iowa, such acts shall be deemed to be doing business in Iowa by such person for the purpose of service of process or original notice on such person under this section, and shall be deemed to constitute the appointment of the secretary of state of the state of Iowa to be the true and lawful attorney of such person upon whom may be served all lawful process or original notice in actions or proceedings arising from or growing out of such contract or tort. The term “nonresident person” shall include any

Tue Dec 09 21:59:27 2025 Iowa Code 2026, Chapter 617 (25, 0) §617.3, COMMENCING ACTIONS 2\n\nperson who was, at the time of the contract or tort, a resident of the state of Iowa but who removed from the state before the commencement of such action or proceedings and ceased to be a resident of Iowa or, a resident who has remained continuously absent from the state for at least a period of six months following commission of the tort. The making of the contract or the committing of the tort shall be deemed to be the agreement of such corporation or such person that any process or original notice so served shall be of the same legal force and effect as if served personally upon such defendant within the state of Iowa. The term “resident of Iowa” shall include any Iowa corporation, any foreign corporation holding a certificate of authority to transact business in Iowa, any individual residing in Iowa, and any partnership or 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, and by mailing to the defendant and to each of them if more than one, by registered or certified mail, a notification of said filing with the secretary of state, the same to be so mailed within ten days after such filing with the secretary of state. Such notification shall be mailed to each foreign corporation at the address of its principal office in the state or country under the laws of which it is incorporated and to each such nonresident person at an address in the state of residence. The defendant shall have sixty days from the date of such filing with the secretary of state within which to appear. Proof of service shall be made by filing in court the duplicate copy of the process or original notice with the secretary of state’s certificate of filing, and the affidavit 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’s actions with reference thereto, and the secretary of state shall promptly return one of said duplicate copies to the plaintiff or the plaintiff’s attorney, with a certificate showing the time of 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: To ........................ (Here insert the name of each defendant with proper address.) You will take notice that an original notice of suit or process against you, a copy of which is hereto attached, was duly served upon you at Des Moines, Iowa by filing a copy of said notice or 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) .................................... Plaintiff By .................................... 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 any part 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, 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

Notes of Decisions

Cited in 124 cases (2 in the last 5 years), 1961–2025 · leading case: L.F. Noll Inc. v. Dope Eviglo, 816 N.W.2d 391 (Iowa 2012).

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L.F. Noll Inc. v. Dope Eviglo, 816 N.W.2d 391 (Iowa 2012). · cites it 44× “Iowa Code § 617.3 (emphasis added). Eviglo contends that under the statute, the term “an address” must mean a “valid address.”

Schnebly Ex Rel. Schnebly v. St. Joseph Mercy Hosp. of Dubuque, 166 N.W.2d 780 (Iowa 1969). · cites it 84× “The sole issue presented is whether chapter 429, section 1, Acts of the 61st General Assembly, amending Code section 617.3 and taking effect July 4, 1965, confers jurisdiction over a former resident of this state who allegedly committed a tort in June, 1964 and in May, 1966…”

Andersen v. Nat'l Presto Indus., Inc., 135 N.W.2d 639 (Iowa 1965). · cites it 44× “In attempting to obtain jurisdiction the plaintiff followed section 617.3, code of 1962, I.C.A., as amended by chapter 325 of the Acts of the 60th General Assembly.”

Tice v. Wilmington Chem. Corp., 141 N.W.2d 616 (Iowa 1966). · cites it 32× “by defendant, being custom manufactured, packaged, warehoused and shipped for defendant on purchase orders received by and subject to approval of defendant; it transacted business only with independent contractors, sometimes referred to as manufacturer’s representatives; process…”

Snakenburg v. Jason Mfg., Inc., 157 N.W.2d 110 (Iowa 1968). · cites it 60× “This appeal from a ruling of the trial court sustaining the special appearance of defendant Hackensack Cable Corporation, a New Jersey corporation, requires another review of our long arm statute, section 617.3, Code, 1966. Defendant Jason Mfg.”

Universal Cooperatives, Inc. v. Tasco, Inc., 300 N.W.2d 139 (Iowa 1981). · cites it 32× “Tasco first attempted to serve BPO under Iowa’s long-arm statute, section 617.3, The Code 1975. Section 617.”

Health Care Equalization Comm. v. Iowa Med. Soc'y, 501 F. Supp. 970 (S.D. Iowa 1980). · cites it 22× “12 Iowa Code § 617.3 , the state long-arm statute, provides: If a foreign corporation .”

Cross v. Lightolier Inc., 395 N.W.2d 844 (Iowa 1986). · cites it 30× “The question here is whether, in an employment contract action, the Iowa District Court acquired personal jurisdiction over a nonresident corporation by service made pursuant to Iowa Code section 617.3 (1983). Ultimately, the issue is whether jurisdiction is acquired when the…”

Krueger v. Rheem Mfg. Co., 149 N.W.2d 142 (Iowa 1967). · cites it 32× “Plaintiffs' petition alleges property damages resulting from an explosion of a liquid gas hot water heater in Dubuque on August 23, 1962.”

Barrett v. Bryant, 290 N.W.2d 917 (Iowa 1980). · cites it 27× “We granted interlocutory appeal to review the correctness of the trial court’s order overruling defendants’ special appearances challenging the court’s jurisdiction over them under the long-arm statute, § 617.3, The Code. We affirm in part, vacate in part, and reverse in part.”

Kreft v. Fisher Aviation, Inc., 264 N.W.2d 297 (Iowa 1978). · cites it 18× “? (4) Should the failure to include the individual names of plaintiffs in the notifications of filing to Piper render such notifications fatally defective under § 617.3, The Code, depriving the trial court of jurisdiction? (5) Did the trial court abuse its discretion in its…”

Chrischilles v. Griswold, 150 N.W.2d 94 (Iowa 1967). · cites it 12× “Service of original notice was made under section 617.3, Code, 1966. An original notice was served on defendant by filing *456 a copy thereof September 16, 1965, with the Iowa secretary of state.”

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— Iowa Code § 617.3(2) — 3 cases

Sioux Pharm, Inc. & Sioux Biochemical, Inc. v. Summit Nutritionals Int'l, Inc., 859 N.W.2d 182 (Iowa 2015).

Sioux Pharm, Inc. & Sioux Biochemical, Inc. v. Summit Nutritionals Int'l, Inc. (Iowa 2015).

Amended April 7, 2015 Sioux Pharm, Inc. & Sioux Biochemical, Inc. v. Summit Nutritionals Int'l, Inc. (Iowa 2015).

— Iowa Code § 617.3(3) — 2 cases

Locher & Davis, PLC v. Ruth F. Woller Revocable Trust (Iowa Ct. App. 2024).

Banleaco, Inc. v. Genesis Cosmetic Laser Ctr., LLC (Iowa Ct. App. 2025).

— Iowa Code § 617.3(7) — 1 case

Richard Abernethy v. Jeremiah D. Schmitt, 879 N.W.2d 866 (Iowa Ct. App. 2016).

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