Oklahoma § 71-664 - Consent to service of process - Service

§ 71-664. Consent to service of process - Service

A. Every applicant for registration under this Code shall file

with the Administrator, in such form as prescribed by rule, an

irrevocable consent appointing the Administrator or successor in

office to be his or her attorney to receive service of any lawful

process in any noncriminal suit, action or proceeding against the

applicant or his or her successor, executor, or administrator which

arises under this Code or any rule or order issued hereunder after

the consent has been filed, with the same validity as if served

personally on the person filing the consent. The consent need not

be filed by a person who has filed a consent in connection with a

previous registration which is then in effect. Service may be made

by leaving a copy of the process in the office of the Administrator,

but is not effective unless the plaintiff, who may be the

Administrator in the suit, action, or proceeding instituted by him

or her, promptly sends notice of the service and a copy of the

process by registered or certified mail to the defendant or

respondent at the last address on file with the Administrator, and

the plaintiff's affidavit of compliance with this subsection is

filed in the case on or before the return of the process, or within

such time as the court allows.

B. When any person including any nonresident in this state,

engages in conduct prohibited or made actionable by this Code or any

rule or order hereunder, and has not filed a consent to service of

process under subsection A of this section and personal jurisdiction

over the person cannot otherwise be obtained in this state, that

conduct shall be considered equivalent to appointment of the

Oklahoma Statutes - Title 71. Securities

Administrator to be the person's attorney to receive service of any

lawful process in any noncriminal suit, action, or proceeding

against the person or his or her successor, executor, or

administrator which arises out of that conduct and which is brought

under this Code or any rule or order hereunder with the same

validity as if served on the person personally. Service may be made

by leaving a copy of the process in the office of the Administrator,

but it is not effective unless the plaintiff, who may be the

Administrator in a suit, action, or proceeding instituted by the

Administrator, promptly sends notice of the service and a copy of

the process by registered or certified mail to the defendant or

respondent at the 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 or within such time as the

court allows.

C. When process is served under this section, the court or the

Administrator in a proceeding before the Administrator, shall order

such continuance as is necessary to afford the defendant or

respondent reasonable opportunity to defend.

Added by Laws 1977, c. 95, § 664. Amended by Laws 2022, c. 78, §

14, eff. Nov. 1, 2022.