Sec. 37. (a) If a person, including a person that is not a resident of Indiana, engages in conduct prohibited or made actionable by this chapter or any rule or order adopted or issued by the commissioner, the commissioner shall be considered the person’s attorney for the purpose of receiving service of any lawful process in a noncriminal proceeding that is:

(1) brought against the person, a successor of the person, or a personal representative of the person;

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Terms Used In Indiana Code 23-2-6-37

  • Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
  • commissioner: refers to the securities commissioner appointed under IC 23-19-6-1(a). See Indiana Code 23-2-6-2
  • person: means an individual, a corporation, a partnership, a limited liability company, an association, a joint-stock company, a trust where the interests of the beneficiaries are evidenced by a security, an unincorporated organization, a government, or a political subdivision of a government. See Indiana Code 23-2-6-14
(2) related to the prohibited or actionable conduct; and

(3) brought under this chapter or any rule or order issued or adopted by the commissioner.

     (b) Process served on the commissioner under subsection (a) has the same force and validity as personal service on the person engaging in the prohibited or actionable conduct.

As added by P.L.177-1991, SEC.10.