Florida Statutes 517.101 – Consent to service
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Terms Used In Florida Statutes 517.101
- Issuer: means a person that proposes to issue, has issued, or shall hereafter issue any security. See Florida Statutes 517.021
- Office: means the Office of Financial Regulation of the commission. See Florida Statutes 517.021
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
- Principal: means an executive officer of a corporation, partner of a partnership, sole proprietor of a sole proprietorship, trustee of a trust, or any other person with similar supervisory functions with respect to any organization, whether incorporated or unincorporated. See Florida Statutes 517.021
- registered mail: includes certified mail with return receipt requested. See Florida Statutes 1.01
- Trustee: A person or institution holding and administering property in trust.
(1) Upon any initial application for registration under s. 517.081 or s. 517.082 or upon request of the office, the issuer shall file with such application the irrevocable written consent of the issuer that in suits, proceedings, and actions growing out of the violation of any provision of this chapter, the service on the office of a notice, process, or pleading therein, authorized by the laws of this state, shall be as valid and binding as if due service had been made on the issuer.
(2) Any such action must be brought either in the county of the plaintiff‘s residence or in the county in which the office has its official headquarters. The written consent must be authenticated by the seal of the issuer, if it has a seal, and by the acknowledged signature of a director, manager, managing member, general partner, trustee, or officer of the issuer and must be accompanied by a duly certified copy of the resolution of the issuer’s board of directors, trustees, managers, managing members, or general partners authorizing the signer to execute the consent. In case any process or pleadings mentioned in this chapter are served upon the office, service must be by duplicate copies, one of which must be filed in the office and the other immediately forwarded by the office by registered mail to the principal office of the issuer against which the process or pleadings are directed.