§ 8.01-306.Process against unincorporated associations or orders, or unincorporated common carriers; principal office outside Virginia and business transactions in Virginia.

Section 8.01-306 addresses a gap left by § 8.01-305: what happens when an unincorporated association, order, or common carrier is based outside Virginia yet does business within it. The section treats that Virginia business activity as enough to justify service here, allowing process to be served on any officer, trustee, director, staff member, or agent of the entity found in the city or county where he happens to be.

If no such person can be found, the section deems the entity to have appointed the Clerk of the State Corporation Commission as its statutory agent by virtue of transacting business in the Commonwealth, and process may be served on the Clerk in accordance with §12.1-19.1. Service made this way is sufficient foundation for a personal judgment against the association, order, or carrier. And if even that route fails, an affidavit of that fact opens the door to an order of publication under §§ 8.01-316 and 8.01-317.