§ 78A‑63. Scope of theChapter; service of process.
(a) G.S. 78A‑8,78A‑10, 78A‑13, 78A‑14, 78A‑24, 78A‑31, 78A‑36(a),and 78A‑56 apply to persons who sell or offer to sell when (i) an offerto sell is made in this State, or (ii) an offer to buy is made and accepted inthis State.
(b) G.S. 78A‑8,78A‑10, 78A‑36(a) and 78A‑56(b) apply to persons who buy oroffer to buy when (i) an offer to buy is made in this State, or (ii) an offerto sell is made and accepted in this State.
(b1) G.S. 78A‑12applies when any act instrumental to effecting prohibited conduct is done inthis State.
(c) For the purpose ofthis section, an offer to sell or to buy is made in this State, whether or noteither party is then present in this State, when the offer (i) originates fromthis State or (ii) is directed by the offeror to this State and received at theplace to which it is directed (or at any post office in this State in the caseof a mailed offer).
(d) For the purpose ofthis section, an offer to buy or to sell is accepted in this State whenacceptance (i) is communicated to the offeror in this State and (ii) has notpreviously been communicated to the offeror, orally, or in writing, outsidethis State; and acceptance is communicated to the offeror in this State,whether or not either party is then present in this State when the offereedirects it to the offeror in this State reasonably believing the offeror to bein this State and it is received at the place to which it is directed (or at anypost office in this State in the case of a mailed acceptance).
(e) An offer to sell orto buy is not made in this State when (i) the publisher circulates or there iscirculated on his behalf in this State any bona fide newspaper or otherpublication of general, regular, and paid circulation which is not published inthis State, or which is published in this State but has had more than twothirds of its circulation outside this State during the past 12 months, or (ii)a radio or television program originating outside this State is received inthis State.
(f) Every applicantfor registration under this Chapter and every issuer who proposes to offer asecurity in this State through any person acting on an agency basis in thecommon‑law sense shall file with the Administrator, in such form as he byrule prescribes, an irrevocable consent appointing the Administrator or hissuccessor in office to be his attorney to receive service of any lawful processin any noncriminal suit, action or proceeding against him or his successor,executor or administrator which arises under this Chapter or any rule or orderhereunder after the consent has been filed, with the same force and validity asif served personally on the person filing the consent. A person who has filed sucha consent in connection with a previous registration or notice filing need notfile another. Service may be made by leaving a copy of the process in theoffice of the Administrator, but it is not effective unless (i) the plaintiff,who may be the Administrator in a suit, action, or proceeding instituted byhim, forthwith sends notice of the service and a copy of the process byregistered mail to the defendant or respondent at his address on file with theAdministrator, and (ii) the plaintiff's affidavit of compliance with thesubsection is filed in the case on or before the return day of the process, ifany, or within such further time as the court allows.
(g) When any person,including any nonresident of this State, engages in conduct prohibited or madeactionable by this Chapter or any rule or order hereunder, and he has not fileda consent to service of process under subsection (f) and personal jurisdictionover him cannot otherwise be obtained in this State, that conduct shall beconsidered equivalent to his appointment of the Administrator or his successorin office to be his attorney to receive service of any lawful process in anynoncriminal suit, action, or proceeding against him or his successor executoror administrator which grows out of that conduct and which is brought underthis Chapter or any rule or order hereunder with the same force and validity asif served on him personally. Service may be made by leaving a copy of theprocess in the office of the Administrator, and it is not effective unless (i)the plaintiff, who may be the Administrator in a suit, action, or proceedinginstituted by him, forthwith sends notice of the service and a copy of theprocess by registered mail to the defendant or respondent at his last knownaddress or takes other steps which are reasonably calculated to give actualnotice, and (ii) the plaintiff's affidavit of compliance with this subsectionis filed in the case on or before the return day of the process, if any, orwithin such further time as the court allows.
(h) When process isserved under this section, the court, or the Administrator in a proceedingbefore him, shall order such continuance as may be necessary to afford thedefendant or respondent reasonable opportunity to defend.
(i) Interest chargedby a broker or dealer registered under the Securities Exchange Act of 1934, asamended, or registered under this Chapter, as now or hereafter amended, on adebit balance in an account for a customer, shall be exempt from the provisionsof Chapter 24 of the North Carolina General Statutes if such debit balance ispayable at will without penalty and is secured by securities as defined in G.S.25‑8‑102. (1927, c. 149, s. 24; 1955, c. 436, s. 10; 1973, c. 1380; 1975, c. 144,s. 4; 1997‑181, s. 27; 1997‑419, ss. 12, 13; 2001‑436, s. 13;2003‑413, ss. 13‑15.)
§ 78A‑63. Scope of theChapter; service of process.
(a) G.S. 78A‑8,78A‑10, 78A‑13, 78A‑14, 78A‑24, 78A‑31, 78A‑36(a),and 78A‑56 apply to persons who sell or offer to sell when (i) an offerto sell is made in this State, or (ii) an offer to buy is made and accepted inthis State.
(b) G.S. 78A‑8,78A‑10, 78A‑36(a) and 78A‑56(b) apply to persons who buy oroffer to buy when (i) an offer to buy is made in this State, or (ii) an offerto sell is made and accepted in this State.
(b1) G.S. 78A‑12applies when any act instrumental to effecting prohibited conduct is done inthis State.
(c) For the purpose ofthis section, an offer to sell or to buy is made in this State, whether or noteither party is then present in this State, when the offer (i) originates fromthis State or (ii) is directed by the offeror to this State and received at theplace to which it is directed (or at any post office in this State in the caseof a mailed offer).
(d) For the purpose ofthis section, an offer to buy or to sell is accepted in this State whenacceptance (i) is communicated to the offeror in this State and (ii) has notpreviously been communicated to the offeror, orally, or in writing, outsidethis State; and acceptance is communicated to the offeror in this State,whether or not either party is then present in this State when the offereedirects it to the offeror in this State reasonably believing the offeror to bein this State and it is received at the place to which it is directed (or at anypost office in this State in the case of a mailed acceptance).
(e) An offer to sell orto buy is not made in this State when (i) the publisher circulates or there iscirculated on his behalf in this State any bona fide newspaper or otherpublication of general, regular, and paid circulation which is not published inthis State, or which is published in this State but has had more than twothirds of its circulation outside this State during the past 12 months, or (ii)a radio or television program originating outside this State is received inthis State.
(f) Every applicantfor registration under this Chapter and every issuer who proposes to offer asecurity in this State through any person acting on an agency basis in thecommon‑law sense shall file with the Administrator, in such form as he byrule prescribes, an irrevocable consent appointing the Administrator or hissuccessor in office to be his attorney to receive service of any lawful processin any noncriminal suit, action or proceeding against him or his successor,executor or administrator which arises under this Chapter or any rule or orderhereunder after the consent has been filed, with the same force and validity asif served personally on the person filing the consent. A person who has filed sucha consent in connection with a previous registration or notice filing need notfile another. Service may be made by leaving a copy of the process in theoffice of the Administrator, but it is not effective unless (i) the plaintiff,who may be the Administrator in a suit, action, or proceeding instituted byhim, forthwith sends notice of the service and a copy of the process byregistered mail to the defendant or respondent at his address on file with theAdministrator, and (ii) the plaintiff's affidavit of compliance with thesubsection is filed in the case on or before the return day of the process, ifany, or within such further time as the court allows.
(g) When any person,including any nonresident of this State, engages in conduct prohibited or madeactionable by this Chapter or any rule or order hereunder, and he has not fileda consent to service of process under subsection (f) and personal jurisdictionover him cannot otherwise be obtained in this State, that conduct shall beconsidered equivalent to his appointment of the Administrator or his successorin office to be his attorney to receive service of any lawful process in anynoncriminal suit, action, or proceeding against him or his successor executoror administrator which grows out of that conduct and which is brought underthis Chapter or any rule or order hereunder with the same force and validity asif served on him personally. Service may be made by leaving a copy of theprocess in the office of the Administrator, and it is not effective unless (i)the plaintiff, who may be the Administrator in a suit, action, or proceedinginstituted by him, forthwith sends notice of the service and a copy of theprocess by registered mail to the defendant or respondent at his last knownaddress or takes other steps which are reasonably calculated to give actualnotice, and (ii) the plaintiff's affidavit of compliance with this subsectionis filed in the case on or before the return day of the process, if any, orwithin such further time as the court allows.
(h) When process isserved under this section, the court, or the Administrator in a proceedingbefore him, shall order such continuance as may be necessary to afford thedefendant or respondent reasonable opportunity to defend.
(i) Interest chargedby a broker or dealer registered under the Securities Exchange Act of 1934, asamended, or registered under this Chapter, as now or hereafter amended, on adebit balance in an account for a customer, shall be exempt from the provisionsof Chapter 24 of the North Carolina General Statutes if such debit balance ispayable at will without penalty and is secured by securities as defined in G.S.25‑8‑102. (1927, c. 149, s. 24; 1955, c. 436, s. 10; 1973, c. 1380; 1975, c. 144,s. 4; 1997‑181, s. 27; 1997‑419, ss. 12, 13; 2001‑436, s. 13;2003‑413, ss. 13‑15.)
§ 78A‑63. Scope of theChapter; service of process.
(a) G.S. 78A‑8,78A‑10, 78A‑13, 78A‑14, 78A‑24, 78A‑31, 78A‑36(a),and 78A‑56 apply to persons who sell or offer to sell when (i) an offerto sell is made in this State, or (ii) an offer to buy is made and accepted inthis State.
(b) G.S. 78A‑8,78A‑10, 78A‑36(a) and 78A‑56(b) apply to persons who buy oroffer to buy when (i) an offer to buy is made in this State, or (ii) an offerto sell is made and accepted in this State.
(b1) G.S. 78A‑12applies when any act instrumental to effecting prohibited conduct is done inthis State.
(c) For the purpose ofthis section, an offer to sell or to buy is made in this State, whether or noteither party is then present in this State, when the offer (i) originates fromthis State or (ii) is directed by the offeror to this State and received at theplace to which it is directed (or at any post office in this State in the caseof a mailed offer).
(d) For the purpose ofthis section, an offer to buy or to sell is accepted in this State whenacceptance (i) is communicated to the offeror in this State and (ii) has notpreviously been communicated to the offeror, orally, or in writing, outsidethis State; and acceptance is communicated to the offeror in this State,whether or not either party is then present in this State when the offereedirects it to the offeror in this State reasonably believing the offeror to bein this State and it is received at the place to which it is directed (or at anypost office in this State in the case of a mailed acceptance).
(e) An offer to sell orto buy is not made in this State when (i) the publisher circulates or there iscirculated on his behalf in this State any bona fide newspaper or otherpublication of general, regular, and paid circulation which is not published inthis State, or which is published in this State but has had more than twothirds of its circulation outside this State during the past 12 months, or (ii)a radio or television program originating outside this State is received inthis State.
(f) Every applicantfor registration under this Chapter and every issuer who proposes to offer asecurity in this State through any person acting on an agency basis in thecommon‑law sense shall file with the Administrator, in such form as he byrule prescribes, an irrevocable consent appointing the Administrator or hissuccessor in office to be his attorney to receive service of any lawful processin any noncriminal suit, action or proceeding against him or his successor,executor or administrator which arises under this Chapter or any rule or orderhereunder after the consent has been filed, with the same force and validity asif served personally on the person filing the consent. A person who has filed sucha consent in connection with a previous registration or notice filing need notfile another. Service may be made by leaving a copy of the process in theoffice of the Administrator, but it is not effective unless (i) the plaintiff,who may be the Administrator in a suit, action, or proceeding instituted byhim, forthwith sends notice of the service and a copy of the process byregistered mail to the defendant or respondent at his address on file with theAdministrator, and (ii) the plaintiff's affidavit of compliance with thesubsection is filed in the case on or before the return day of the process, ifany, or within such further time as the court allows.
(g) When any person,including any nonresident of this State, engages in conduct prohibited or madeactionable by this Chapter or any rule or order hereunder, and he has not fileda consent to service of process under subsection (f) and personal jurisdictionover him cannot otherwise be obtained in this State, that conduct shall beconsidered equivalent to his appointment of the Administrator or his successorin office to be his attorney to receive service of any lawful process in anynoncriminal suit, action, or proceeding against him or his successor executoror administrator which grows out of that conduct and which is brought underthis Chapter or any rule or order hereunder with the same force and validity asif served on him personally. Service may be made by leaving a copy of theprocess in the office of the Administrator, and it is not effective unless (i)the plaintiff, who may be the Administrator in a suit, action, or proceedinginstituted by him, forthwith sends notice of the service and a copy of theprocess by registered mail to the defendant or respondent at his last knownaddress or takes other steps which are reasonably calculated to give actualnotice, and (ii) the plaintiff's affidavit of compliance with this subsectionis filed in the case on or before the return day of the process, if any, orwithin such further time as the court allows.
(h) When process isserved under this section, the court, or the Administrator in a proceedingbefore him, shall order such continuance as may be necessary to afford thedefendant or respondent reasonable opportunity to defend.
(i) Interest chargedby a broker or dealer registered under the Securities Exchange Act of 1934, asamended, or registered under this Chapter, as now or hereafter amended, on adebit balance in an account for a customer, shall be exempt from the provisionsof Chapter 24 of the North Carolina General Statutes if such debit balance ispayable at will without penalty and is secured by securities as defined in G.S.25‑8‑102. (1927, c. 149, s. 24; 1955, c. 436, s. 10; 1973, c. 1380; 1975, c. 144,s. 4; 1997‑181, s. 27; 1997‑419, ss. 12, 13; 2001‑436, s. 13;2003‑413, ss. 13‑15.)
