§ 7-11-708 Consent to service of process.– (a) An applicant for licensing or registration under this chapter, a federalcovered adviser or an issuer who proposes to offer securities in this statethrough a person acting on an agency basis in the common law sense shall filewith the director, in the form the director, by rule, prescribes, anirrevocable consent appointing the director the person's attorney to receiveservice of lawful process in a noncriminal proceeding against the person, asuccessor or personal representative which arises under this chapter or a ruleor order of the director under this chapter after the consent is filed, withthe same force and validity as if served personally on the person filing theconsent.
(b) A person who has filed a consent complying withsubsection (a) in connection with a previous application for licensing orregistration need not file an additional consent.
(c) If a person, including a nonresident of this state,engages in conduct prohibited or made actionable by this chapter or a rule ororder of the director under this chapter and the person has not filed a consentto service of process under subsection (a), the engaging in the conductconstitutes the appointment of the director as the person's attorney to receiveservice of lawful process in a noncriminal proceeding against the person, asuccessor, or personal representative which grows out of the conduct.
(d) A consent to service filed on behalf of an issuerorganized or domiciled under the laws of a foreign country whose securities arebeing offered in this state otherwise than by or through underwriters, must beaccompanied by an opinion of counsel stating that judgments of United Statescourts will be recognized by the courts of the country in which the issuer wasorganized or is domiciled.
(e) Service under subsection (a) or (c) may be made byleaving a copy of the process in the office of the director, but it is noteffective unless:
(1) The plaintiff, who may be the director, promptly sendsnotice of the service and a copy of the process by registered or certifiedmail, return receipt requested, to the defendant or respondent at the addressstated in the consent to service of process or, if no consent to service ofprocess has been filed, at the last known address or takes other steps whichare reasonably calculated to give actual notice; and
(2) The plaintiff files an affidavit of compliance with thissubsection in the proceeding on or before the return day of the process, ifany, or within a further time that the court, or the director in a proceedingbefore the director allows.
(f) Service as provided in subsection (e) may be used in aproceeding before the director or by the director in a proceeding in which thedirector is the moving party.
(g) If the process is served under subsection (e), the court,or the director in a proceeding before the director, orders continuances thatare necessary to afford the defendant or respondent reasonable opportunity todefend.
§ 7-11-708 Consent to service of process.– (a) An applicant for licensing or registration under this chapter, a federalcovered adviser or an issuer who proposes to offer securities in this statethrough a person acting on an agency basis in the common law sense shall filewith the director, in the form the director, by rule, prescribes, anirrevocable consent appointing the director the person's attorney to receiveservice of lawful process in a noncriminal proceeding against the person, asuccessor or personal representative which arises under this chapter or a ruleor order of the director under this chapter after the consent is filed, withthe same force and validity as if served personally on the person filing theconsent.
(b) A person who has filed a consent complying withsubsection (a) in connection with a previous application for licensing orregistration need not file an additional consent.
(c) If a person, including a nonresident of this state,engages in conduct prohibited or made actionable by this chapter or a rule ororder of the director under this chapter and the person has not filed a consentto service of process under subsection (a), the engaging in the conductconstitutes the appointment of the director as the person's attorney to receiveservice of lawful process in a noncriminal proceeding against the person, asuccessor, or personal representative which grows out of the conduct.
(d) A consent to service filed on behalf of an issuerorganized or domiciled under the laws of a foreign country whose securities arebeing offered in this state otherwise than by or through underwriters, must beaccompanied by an opinion of counsel stating that judgments of United Statescourts will be recognized by the courts of the country in which the issuer wasorganized or is domiciled.
(e) Service under subsection (a) or (c) may be made byleaving a copy of the process in the office of the director, but it is noteffective unless:
(1) The plaintiff, who may be the director, promptly sendsnotice of the service and a copy of the process by registered or certifiedmail, return receipt requested, to the defendant or respondent at the addressstated in the consent to service of process or, if no consent to service ofprocess has been filed, at the last known address or takes other steps whichare reasonably calculated to give actual notice; and
(2) The plaintiff files an affidavit of compliance with thissubsection in the proceeding on or before the return day of the process, ifany, or within a further time that the court, or the director in a proceedingbefore the director allows.
(f) Service as provided in subsection (e) may be used in aproceeding before the director or by the director in a proceeding in which thedirector is the moving party.
(g) If the process is served under subsection (e), the court,or the director in a proceeding before the director, orders continuances thatare necessary to afford the defendant or respondent reasonable opportunity todefend.
§ 7-11-708 Consent to service of process.– (a) An applicant for licensing or registration under this chapter, a federalcovered adviser or an issuer who proposes to offer securities in this statethrough a person acting on an agency basis in the common law sense shall filewith the director, in the form the director, by rule, prescribes, anirrevocable consent appointing the director the person's attorney to receiveservice of lawful process in a noncriminal proceeding against the person, asuccessor or personal representative which arises under this chapter or a ruleor order of the director under this chapter after the consent is filed, withthe same force and validity as if served personally on the person filing theconsent.
(b) A person who has filed a consent complying withsubsection (a) in connection with a previous application for licensing orregistration need not file an additional consent.
(c) If a person, including a nonresident of this state,engages in conduct prohibited or made actionable by this chapter or a rule ororder of the director under this chapter and the person has not filed a consentto service of process under subsection (a), the engaging in the conductconstitutes the appointment of the director as the person's attorney to receiveservice of lawful process in a noncriminal proceeding against the person, asuccessor, or personal representative which grows out of the conduct.
(d) A consent to service filed on behalf of an issuerorganized or domiciled under the laws of a foreign country whose securities arebeing offered in this state otherwise than by or through underwriters, must beaccompanied by an opinion of counsel stating that judgments of United Statescourts will be recognized by the courts of the country in which the issuer wasorganized or is domiciled.
(e) Service under subsection (a) or (c) may be made byleaving a copy of the process in the office of the director, but it is noteffective unless:
(1) The plaintiff, who may be the director, promptly sendsnotice of the service and a copy of the process by registered or certifiedmail, return receipt requested, to the defendant or respondent at the addressstated in the consent to service of process or, if no consent to service ofprocess has been filed, at the last known address or takes other steps whichare reasonably calculated to give actual notice; and
(2) The plaintiff files an affidavit of compliance with thissubsection in the proceeding on or before the return day of the process, ifany, or within a further time that the court, or the director in a proceedingbefore the director allows.
(f) Service as provided in subsection (e) may be used in aproceeding before the director or by the director in a proceeding in which thedirector is the moving party.
(g) If the process is served under subsection (e), the court,or the director in a proceeding before the director, orders continuances thatare necessary to afford the defendant or respondent reasonable opportunity todefend.
