§ 78C‑46. Scope of theChapter; service of process.
(a) G.S. 78C‑8,78C‑16(a) and (b), 78C‑10, and 78C‑38 apply when any actinstrumental in effecting prohibited conduct is done in this State, whether ornot either party is then present in this State.
(b) Every applicant forregistration under this Chapter shall file with the Administrator, in such formas he by rule prescribes, an irrevocable consent appointing the Administratoror his successor in office to be his attorney to receive service of any lawfulprocess in any noncriminal suit, action or proceeding against him or hissuccessor, executor or administrator which arises under this Chapter or anyrule or order hereunder after the consent has been filed, with the same forceand validity as if served personally on the person filing the consent. Aperson who has filed such a consent in connection with a previous registrationor notice filing need not file another. Service may be made by leaving a copyof the process in the office of the Administrator, but it is not effectiveunless (i) the plaintiff, who may be the Administrator in a suit, action, orproceeding instituted by him, forthwith sends notice of the service and a copyof the process by registered or certified mail to the defendant or respondentat his last address on file with the Administrator, and (ii) the plaintiff'saffidavit of compliance with the subsection is filed in the case on or beforethe return day of the process, if any, or within such further time as the courtallows.
(c) 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 (b) of this section andpersonal jurisdiction over him cannot otherwise be obtained in this State, thatconduct shall be considered equivalent to his appointment of the Administratoror his successor in office to be his attorney to receive service of any lawfulprocess in any noncriminal suit, action, or proceeding against him or hissuccessor, executor or administrator which grows out of that conduct and whichis brought under this Chapter or any rule or order hereunder with the sameforce and validity as if served on him personally. Service may be made byleaving a copy of the process in the office of the Administrator, and it is noteffective unless (i) the plaintiff, who may be the Administrator in a suit,action, or proceeding instituted by him, forthwith sends notice of the serviceand a copy of the process by registered or certified mail to the defendant orrespondent at his last known address or takes other steps which are reasonablycalculated to give actual notice, and (ii) the plaintiff's affidavit ofcompliance with this subsection is filed in the case on or before the returnday of the process, if any, or within such further time as the court allows.
(d) When process isserved under this section, the court, or the Administrator in a proceeding beforehim, shall order such continuance as may be necessary to afford the defendantor respondent reasonable opportunity to defend. (1987 (Reg. Sess., 1988), c.1098, s. 1; 1997‑419, s. 19.)
§ 78C‑46. Scope of theChapter; service of process.
(a) G.S. 78C‑8,78C‑16(a) and (b), 78C‑10, and 78C‑38 apply when any actinstrumental in effecting prohibited conduct is done in this State, whether ornot either party is then present in this State.
(b) Every applicant forregistration under this Chapter shall file with the Administrator, in such formas he by rule prescribes, an irrevocable consent appointing the Administratoror his successor in office to be his attorney to receive service of any lawfulprocess in any noncriminal suit, action or proceeding against him or hissuccessor, executor or administrator which arises under this Chapter or anyrule or order hereunder after the consent has been filed, with the same forceand validity as if served personally on the person filing the consent. Aperson who has filed such a consent in connection with a previous registrationor notice filing need not file another. Service may be made by leaving a copyof the process in the office of the Administrator, but it is not effectiveunless (i) the plaintiff, who may be the Administrator in a suit, action, orproceeding instituted by him, forthwith sends notice of the service and a copyof the process by registered or certified mail to the defendant or respondentat his last address on file with the Administrator, and (ii) the plaintiff'saffidavit of compliance with the subsection is filed in the case on or beforethe return day of the process, if any, or within such further time as the courtallows.
(c) 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 (b) of this section andpersonal jurisdiction over him cannot otherwise be obtained in this State, thatconduct shall be considered equivalent to his appointment of the Administratoror his successor in office to be his attorney to receive service of any lawfulprocess in any noncriminal suit, action, or proceeding against him or hissuccessor, executor or administrator which grows out of that conduct and whichis brought under this Chapter or any rule or order hereunder with the sameforce and validity as if served on him personally. Service may be made byleaving a copy of the process in the office of the Administrator, and it is noteffective unless (i) the plaintiff, who may be the Administrator in a suit,action, or proceeding instituted by him, forthwith sends notice of the serviceand a copy of the process by registered or certified mail to the defendant orrespondent at his last known address or takes other steps which are reasonablycalculated to give actual notice, and (ii) the plaintiff's affidavit ofcompliance with this subsection is filed in the case on or before the returnday of the process, if any, or within such further time as the court allows.
(d) When process isserved under this section, the court, or the Administrator in a proceeding beforehim, shall order such continuance as may be necessary to afford the defendantor respondent reasonable opportunity to defend. (1987 (Reg. Sess., 1988), c.1098, s. 1; 1997‑419, s. 19.)
§ 78C‑46. Scope of theChapter; service of process.
(a) G.S. 78C‑8,78C‑16(a) and (b), 78C‑10, and 78C‑38 apply when any actinstrumental in effecting prohibited conduct is done in this State, whether ornot either party is then present in this State.
(b) Every applicant forregistration under this Chapter shall file with the Administrator, in such formas he by rule prescribes, an irrevocable consent appointing the Administratoror his successor in office to be his attorney to receive service of any lawfulprocess in any noncriminal suit, action or proceeding against him or hissuccessor, executor or administrator which arises under this Chapter or anyrule or order hereunder after the consent has been filed, with the same forceand validity as if served personally on the person filing the consent. Aperson who has filed such a consent in connection with a previous registrationor notice filing need not file another. Service may be made by leaving a copyof the process in the office of the Administrator, but it is not effectiveunless (i) the plaintiff, who may be the Administrator in a suit, action, orproceeding instituted by him, forthwith sends notice of the service and a copyof the process by registered or certified mail to the defendant or respondentat his last address on file with the Administrator, and (ii) the plaintiff'saffidavit of compliance with the subsection is filed in the case on or beforethe return day of the process, if any, or within such further time as the courtallows.
(c) 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 (b) of this section andpersonal jurisdiction over him cannot otherwise be obtained in this State, thatconduct shall be considered equivalent to his appointment of the Administratoror his successor in office to be his attorney to receive service of any lawfulprocess in any noncriminal suit, action, or proceeding against him or hissuccessor, executor or administrator which grows out of that conduct and whichis brought under this Chapter or any rule or order hereunder with the sameforce and validity as if served on him personally. Service may be made byleaving a copy of the process in the office of the Administrator, and it is noteffective unless (i) the plaintiff, who may be the Administrator in a suit,action, or proceeding instituted by him, forthwith sends notice of the serviceand a copy of the process by registered or certified mail to the defendant orrespondent at his last known address or takes other steps which are reasonablycalculated to give actual notice, and (ii) the plaintiff's affidavit ofcompliance with this subsection is filed in the case on or before the returnday of the process, if any, or within such further time as the court allows.
(d) When process isserved under this section, the court, or the Administrator in a proceeding beforehim, shall order such continuance as may be necessary to afford the defendantor respondent reasonable opportunity to defend. (1987 (Reg. Sess., 1988), c.1098, s. 1; 1997‑419, s. 19.)
