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This entry was published on 2014-09-22
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Designation of secretary of state as agent for service of process; service of process
General Business (GBS) CHAPTER 20, ARTICLE 33
§ 686. Designation of secretary of state as agent for service of
process; service of process. Any person who shall offer to sell or sell
a franchise in this state as a franchisor, subfranchisor or franchise
sales agent shall be deemed to have irrevocably appointed the secretary
of state as his or its agent upon whom may be served any summons,
complaint, subpoena, subpoena duces tecum, notice, order or other
process directed to such person, or any partner, principal, officer,
salesman or director thereof, or his or its successor, administrator or
executor, in any action, investigation, or proceeding which arises under
this article or a rule hereunder, with the same force and validity as if
served personally on such person. Service of such process upon the
secretary of state shall be made by personally delivering to and leaving
with him or a deputy secretary of state a copy thereof at the office of
the department of state, and such service shall be sufficient provided
that notice of such service and a copy of such process are sent
forthwith by the department to such person, by registered or certified
mail with return receipt requested, at his address as set forth in the
application for registration of his offering prospectus or in the
registered offering prospectus itself filed with the department of law
pursuant to this article, or in default of the filing of such
application or prospectus, at the last address known to the department.
Service of such process shall be complete upon receipt by the department
of a return receipt purporting to be signed by the addressee or a person
qualified to receive his or its registered or certified mail, in
accordance with the rules and customs of the post office department, or,
if acceptance was refused or unclaimed by the addressee or his or its
agent, or if the addressee moved without leaving a forwarding address,
upon return to the department of the original envelope bearing a
notation by the postal authorities that receipt thereof was refused or
that such mail was otherwise undeliverable.