§ 10-04-14 — Service of process

1. Every applicant for registration under this chapter, every issuer which proposes to offer
a security in this state through any person acting on an agency basis in the
common-law sense, and every person making a notice filing under subsection 2 of
section 10-04-08.4 shall file with the department, in such form as the commissioner
prescribes, an irrevocable consent appointing the commissioner or the commissioner's
successor in office to be the applicant's attorney to receive service of any lawful
process in any noncriminal suit, action, or proceeding against the applicant or the
applicant's successor, executor, or administrator which arises under this chapter or any
rule or order hereunder after the consent has been filed, with the same force and
validity as if served personally on the person filing the consent. A person who has filed
such a consent in connection with a previous registration or notice filing need not file
another. Service may be made by leaving a copy of the process with the department,
but it is not effective unless the plaintiff, who may be the commissioner in a suit, action,
or proceeding instituted by the commissioner, forthwith sends notice of the service and
a copy of the process by registered or certified mail to the defendant or respondent at
the defendant's or respondent's last-known address on file with the department, and
the plaintiff's affidavit of compliance with this subsection is filed in the case on or
before the return day of the process, if any, or within such further time as the court
allows.
2. When any person, including any nonresident of this state, engages in conduct
prohibited or made actionable by this chapter or any rule or order hereunder, and the
person has not filed a consent to service of process under subsection 1 and personal
jurisdiction over the person cannot otherwise be obtained in this state, that conduct
shall be considered equivalent to the person's appointment of the commissioner or the
commissioner's successor in office to be the person's attorney to receive service of
any lawful process in any noncriminal suit, action, or proceeding against the person or
the person's successor, executor, or administrator which grows out of that conduct and
which is brought under this chapter or any rule or order hereunder, with the same force
and validity as if served on the person personally. Service may be made by leaving a
copy of the process with the department, and it is not effective unless the plaintiff, who
may be the commissioner in a suit, action, or proceeding instituted by the
commissioner, forthwith sends notice of the service and a copy of the process by
registered or certified mail to the defendant or respondent at the defendant's or
respondent's last-known address or takes other steps which are reasonably calculated
to give actual notice, and the plaintiff's affidavit of compliance with this subsection is
filed in the case on or before the return day of the process, if any, or within such further
time as the court allows.
3. When process is served under this section, the court, or the commissioner in a
proceeding before the commissioner, shall order such continuance as may be
necessary to afford the defendant or respondent reasonable opportunity to defend.