Okla. Stat. tit. 71, § 71-1-611
This is the official text of Okla. Stat. tit. 71, § 71-1-611, part of Oklahoma’s Stat. tit. 71, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 71,." Browse the sections below, each linked to its official government source.
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Service of process
Official statutory text
A. A consent to service of process required by this act must be
signed and filed in the form required by a rule adopted or order
issued under this act. A consent appointing the Administrator the
person's agent for service of process in a noncriminal action or
Oklahoma Statutes - Title 71. Securities Page 84
proceeding against the person or the person's successor or personal
representative under this act or a rule adopted or order issued
under this act after the consent is filed, has the same force and
validity as if the service were made personally on the person filing
the consent. A person that has filed a consent complying with this
subsection in connection with a previous application for
registration or notice filing need not file an additional consent.
B. If a person, including a nonresident of this state, engages
in an act, practice, or course of business prohibited or made
actionable by this act or a rule adopted or order issued under this
act and the person has not filed a consent to service of process
under subsection A of this section, the act, practice, or course of
business constitutes the appointment of the Administrator as the
person's agent for service of process in a noncriminal action or
proceeding against the person or the person's successor or personal
representative and has the same force and validity as if the service
were made personally on the person.
C. Service under subsection A or B of this section may be made
by providing a copy of the process to the office of the
Administrator, but it is not effective unless:
1. The plaintiff, which may be the Administrator, promptly
sends notice of the service and a copy of the process, return
receipt requested, to the defendant or respondent at the address set
forth in the consent to service of process or, if a consent to
service of process has not been filed, at the last known address, or
takes other reasonable steps to give notice; and
2. The plaintiff files an affidavit of compliance with this
subsection in the action or proceeding on or before the return day
of the process, if any, or within the time that the court, or the
Administrator in a proceeding before the Administrator, allows.
D. Service pursuant to subsection C of this section may be used
in a proceeding before the Administrator or by the Administrator in
a civil action in which the Administrator is the moving party.
Service by mail shall be effective on the date of receipt by the
defendant or respondent or if refused, on the date of refusal by the
defendant or respondent. Acceptance or refusal of service by mail
by a person who is fifteen (15) years of age or older shall
constitute acceptance or refusal by the party addressed. Acceptance
or refusal by any officer or by any employee of the registered
office or principal place of business who is authorized to or who
regularly receives certified mail shall constitute acceptance or
refusal by the party addressed. A return receipt signed at such
registered office or principal place of business shall be presumed
to have been signed by an employee authorized to receive certified
mail. Refusal by any person to accept delivery of the certified
mail provided for in this section, or the refusal to sign the return
receipt, or the lack of knowledge of the Administrator of any
Oklahoma Statutes - Title 71. Securities Page 85
address to which process may have been mailed shall not in any
manner affect the legality of the service, and the person shall be
presumed to have had knowledge of the contents of the process.
E. If process is served under subsection C of this section, the
court, or the Administrator in a proceeding before the
Administrator, shall order continuances as are necessary or
appropriate to afford the defendant or respondent reasonable
opportunity to defend.
signed and filed in the form required by a rule adopted or order
issued under this act. A consent appointing the Administrator the
person's agent for service of process in a noncriminal action or
Oklahoma Statutes - Title 71. Securities Page 84
proceeding against the person or the person's successor or personal
representative under this act or a rule adopted or order issued
under this act after the consent is filed, has the same force and
validity as if the service were made personally on the person filing
the consent. A person that has filed a consent complying with this
subsection in connection with a previous application for
registration or notice filing need not file an additional consent.
B. If a person, including a nonresident of this state, engages
in an act, practice, or course of business prohibited or made
actionable by this act or a rule adopted or order issued under this
act and the person has not filed a consent to service of process
under subsection A of this section, the act, practice, or course of
business constitutes the appointment of the Administrator as the
person's agent for service of process in a noncriminal action or
proceeding against the person or the person's successor or personal
representative and has the same force and validity as if the service
were made personally on the person.
C. Service under subsection A or B of this section may be made
by providing a copy of the process to the office of the
Administrator, but it is not effective unless:
1. The plaintiff, which may be the Administrator, promptly
sends notice of the service and a copy of the process, return
receipt requested, to the defendant or respondent at the address set
forth in the consent to service of process or, if a consent to
service of process has not been filed, at the last known address, or
takes other reasonable steps to give notice; and
2. The plaintiff files an affidavit of compliance with this
subsection in the action or proceeding on or before the return day
of the process, if any, or within the time that the court, or the
Administrator in a proceeding before the Administrator, allows.
D. Service pursuant to subsection C of this section may be used
in a proceeding before the Administrator or by the Administrator in
a civil action in which the Administrator is the moving party.
Service by mail shall be effective on the date of receipt by the
defendant or respondent or if refused, on the date of refusal by the
defendant or respondent. Acceptance or refusal of service by mail
by a person who is fifteen (15) years of age or older shall
constitute acceptance or refusal by the party addressed. Acceptance
or refusal by any officer or by any employee of the registered
office or principal place of business who is authorized to or who
regularly receives certified mail shall constitute acceptance or
refusal by the party addressed. A return receipt signed at such
registered office or principal place of business shall be presumed
to have been signed by an employee authorized to receive certified
mail. Refusal by any person to accept delivery of the certified
mail provided for in this section, or the refusal to sign the return
receipt, or the lack of knowledge of the Administrator of any
Oklahoma Statutes - Title 71. Securities Page 85
address to which process may have been mailed shall not in any
manner affect the legality of the service, and the person shall be
presumed to have had knowledge of the contents of the process.
E. If process is served under subsection C of this section, the
court, or the Administrator in a proceeding before the
Administrator, shall order continuances as are necessary or
appropriate to afford the defendant or respondent reasonable
opportunity to defend.
Status: in_force · Read it on the official government site
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