§ 51-19-15 — Service of process

North Dakota § 51-19-15

• Jurisdiction: North Dakota
• Title 51: Sales and Exchanges
• Ch. 51-19: Franchise Investment Law

Text

1. Every applicant for registration of an offer to sell franchises under this chapter, other
than a domestic corporation or limited liability company, shall file with the
commissioner in such form as the commissioner prescribes an irrevocable consent
appointing the commissioner or 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 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 under this chapter need not file another. Service may be made by
leaving a copy of the process in the office of the commissioner 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 address on file with the commissioner and the
plaintiff's affidavit of compliance with this section 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, whether
or not the person has 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 must be considered equivalent to the person's appointment of the
commissioner or 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 in the office of the
commissioner, but it is not effective until 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 section is filed in the case on or before the return day of the
process, if any, and within such further time as the court allows.