New Hampshire § 301-B-8 - Section 301-B:8 Legal Proceedings.

§ 301-B-8. Section 301-B:8 Legal Proceedings.

I. A New Hampshire DAO may sue and be sued, and service of process upon its New Hampshire registered agent or other authorized legal representative shall be sufficient. In furtherance of the foregoing, a New Hampshire DAO may be sued for debts and other obligations or liabilities contracted or incurred by the administrators, or by the duly authorized agents of such administrator, in the performance of their respective duties under the New Hampshire DAO's bylaws, and for any damages to persons or property resulting from the negligence of such administrators or agents acting in the performance of such respective duties. The property of a New Hampshire DAO shall be subject to attachment and execution as if it were a limited liability company, in accordance with the relevant provisions of New Hampshire law. II. A New Hampshire legal representative of a New Hampshire DAO may be served with process in the manner prescribed in paragraph III in all civil actions or proceedings brought in this state involving or relating to the activities of the New Hampshire DAO. III. Service of process shall be effected by serving the New Hampshire legal representative of such New Hampshire DAO with one copy of such process in the manner provided by law for service of writs of summons. In addition, the clerk of the court in which the civil action or proceeding is pending shall, within 7 days of such service, deposit in the United States mail, by registered mail, postage prepaid, true and attested copies of the process, together with a statement that service is being made pursuant to this section, addressed to the defendant at the legal representative's registered address. IV. In any action in which any such New Hampshire legal representative has been served with process as hereinafter provided, the time in which a defendant shall be required to appear and file a responsive pleading shall be computed from the date of mailing by the clerk of the court as provided in paragraph III; provided however, the court in which such action has been commenced may order such continuance or continuances as may be necessary to afford such legal representative reasonable opportunity to defend the action. V. In the bylaws of the New Hampshire DAO, a New Hampshire DAO may consent to be subject to the nonexclusive jurisdiction of the courts of, or arbitration in, a specified jurisdiction, or the exclusive jurisdiction of the courts of this state, or the exclusivity of arbitration in a specified jurisdiction or this state, and to be served with legal process in the manner prescribed in the bylaws of the New Hampshire DAO. Except by agreeing to arbitrate any arbitrable matter in a specified jurisdiction or in this state, a participant or administrator who is not a legal representative may not waive its right to maintain a legal action or proceeding in the courts of this state with respect to matters relating to the organization or internal affairs of a New Hampshire DAO. VI. Nothing herein contained limits or affects the right to serve process in any other manner now or hereafter provided by law. This section is an extension of and not a limitation upon the right otherwise existing of service of legal process upon nonresidents. VII. The New Hampshire supreme court may make all necessary rules respecting the form of process, the manner of issuance and return thereof, and such other rules which may be necessary to implement this section and are not inconsistent with this section. The courts of this state shall have jurisdiction over New Hampshire DAOs that are listed on the registry.