LD 509
pg. 173
Page 172 of 183 An Act To Adopt the Maine Uniform Securities Act Page 174 of 183
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LR 441
Item 1

 
§16611.__Service of process

 
1.__Signed consent to service of process.__A consent to
service of process must be signed and filed on a form designated
by the administrator. A consent appointing the administrator 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 under this chapter or a rule adopted or
order issued under this chapter 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 licensing or registration or a
previous exemption or notice filing need not file an additional
consent.

 
2.__Conduct constituting appointment of agent for service.__If
a person, including a nonresident of this State, engages in an
act, practice or course of business prohibited or made actionable
by this chapter or a rule adopted or order issued under this
chapter and the person has not filed a consent to service of
process under subsection 1, 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.

 
3.__Procedure for service of process.__Service under
subsection 1 or 2 may be made by providing a copy of the process
to the office of the administrator, but it is not effective
unless:

 
A.__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

 
B.__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.

 
4.__Service in administrative proceedings or civil actions by
administrator.__Service pursuant to subsection 3 may be used


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