Service of process, appointment of commissioner as agent for service.
409.838. 1. Every applicant for registration under sections 409.800 to409.863 shall file with the commissioner, in such form as he by ruleprescribes, an irrevocable consent appointing the commissioner, or hissuccessor 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 sections 409.800 to409.863, or any rule or order promulgated or issued under sections 409.800 to409.863, after the consent has been filed, with the same force and validity asif served personally on the person filing the consent. Service may be made byleaving a copy of the process in the office of the commissioner, but it is noteffective unless:
(1) The plaintiff, who may be the commissioner in a suit, action, orproceeding instituted by him, forthwith sends notice of the service and a copyof the process by registered mail to the defendant or respondent at his lastaddress on file with the commissioner; and
(2) The plaintiff's affidavit of compliance with this subsection isfiled in the case on or before the return day of the process, if any, orwithin such further time as the court allows.
2. When a person, including a nonresident of this state, engages inconduct prohibited or made actionable by sections 409.800 to 409.863, or anyrule or order of the commissioner, the engaging in such conduct shallconstitute the appointment of the commissioner as such person's attorney toreceive service of any lawful process in a noncriminal proceeding against suchperson, his successor, or personal representative, which grows out of thatconduct and which is brought under sections 409.800 to 409.863 or any rule ororder of the commissioner with the same force and validity as if servedpersonally.
3. Service under subsection 1 of this section may be made by leaving acopy of the process in the office of the commissioner, but it is not effectiveunless:
(1) The plaintiff, who may be the commissioner in a suit, action orproceeding instituted by him, forthwith sends notice of the service and a copyof the process by registered mail to the defendant or respondent at his lastaddress known to the commissioner; and
(2) The plaintiff's affidavit of compliance with this subsection isfiled in the case on or before the return day of the process, if any, orwithin such further time as the court allows.
Service of process, appointment of commissioner as agent for service.
409.838. 1. Every applicant for registration under sections 409.800 to409.863 shall file with the commissioner, in such form as he by ruleprescribes, an irrevocable consent appointing the commissioner, or hissuccessor 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 sections 409.800 to409.863, or any rule or order promulgated or issued under sections 409.800 to409.863, after the consent has been filed, with the same force and validity asif served personally on the person filing the consent. Service may be made byleaving a copy of the process in the office of the commissioner, but it is noteffective unless:
(1) The plaintiff, who may be the commissioner in a suit, action, orproceeding instituted by him, forthwith sends notice of the service and a copyof the process by registered mail to the defendant or respondent at his lastaddress on file with the commissioner; and
(2) The plaintiff's affidavit of compliance with this subsection isfiled in the case on or before the return day of the process, if any, orwithin such further time as the court allows.
2. When a person, including a nonresident of this state, engages inconduct prohibited or made actionable by sections 409.800 to 409.863, or anyrule or order of the commissioner, the engaging in such conduct shallconstitute the appointment of the commissioner as such person's attorney toreceive service of any lawful process in a noncriminal proceeding against suchperson, his successor, or personal representative, which grows out of thatconduct and which is brought under sections 409.800 to 409.863 or any rule ororder of the commissioner with the same force and validity as if servedpersonally.
3. Service under subsection 1 of this section may be made by leaving acopy of the process in the office of the commissioner, but it is not effectiveunless:
(1) The plaintiff, who may be the commissioner in a suit, action orproceeding instituted by him, forthwith sends notice of the service and a copyof the process by registered mail to the defendant or respondent at his lastaddress known to the commissioner; and
(2) The plaintiff's affidavit of compliance with this subsection isfiled in the case on or before the return day of the process, if any, orwithin such further time as the court allows.
Service of process, appointment of commissioner as agent for service.
409.838. 1. Every applicant for registration under sections 409.800 to409.863 shall file with the commissioner, in such form as he by ruleprescribes, an irrevocable consent appointing the commissioner, or hissuccessor 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 sections 409.800 to409.863, or any rule or order promulgated or issued under sections 409.800 to409.863, after the consent has been filed, with the same force and validity asif served personally on the person filing the consent. Service may be made byleaving a copy of the process in the office of the commissioner, but it is noteffective unless:
(1) The plaintiff, who may be the commissioner in a suit, action, orproceeding instituted by him, forthwith sends notice of the service and a copyof the process by registered mail to the defendant or respondent at his lastaddress on file with the commissioner; and
(2) The plaintiff's affidavit of compliance with this subsection isfiled in the case on or before the return day of the process, if any, orwithin such further time as the court allows.
2. When a person, including a nonresident of this state, engages inconduct prohibited or made actionable by sections 409.800 to 409.863, or anyrule or order of the commissioner, the engaging in such conduct shallconstitute the appointment of the commissioner as such person's attorney toreceive service of any lawful process in a noncriminal proceeding against suchperson, his successor, or personal representative, which grows out of thatconduct and which is brought under sections 409.800 to 409.863 or any rule ororder of the commissioner with the same force and validity as if servedpersonally.
3. Service under subsection 1 of this section may be made by leaving acopy of the process in the office of the commissioner, but it is not effectiveunless:
(1) The plaintiff, who may be the commissioner in a suit, action orproceeding instituted by him, forthwith sends notice of the service and a copyof the process by registered mail to the defendant or respondent at his lastaddress known to the commissioner; and
(2) The plaintiff's affidavit of compliance with this subsection isfiled in the case on or before the return day of the process, if any, orwithin such further time as the court allows.
