{"data":{"id":"us-ky/krs-292.430","jurisdiction":"us-ky","citation":"KRS 292.430","heading":"Consent to service of process.","body":"(1) Every applicant for registration as a broker -dealer, agent, investment adviser, or\ninvestment adviser representative under this chapter and every issuer which\nproposes to offer a security in this state through any person acting on an agency\nbasis in the common law sense shall file with the commissioner, in such form as the\ncommissioner by rule prescribes, an irrevocable consent appointing the\ncommissioner or the commissioner's successor in office to be the applicant's\nattorney to receive service of any lawf ul process in any noncriminal suit, action, or\nproceeding against the applicant or the applicant's successor, executor, or\nadministrator which arises under this chapter or any rule or order hereunder after the\nconsent has been filed, with the same force an d validity as if served personally on\nthe person filing the consent. A person who has filed such a consent in connection\nwith a previous registration need not file another. Service may be made by leaving a\ncopy of the process in the office of the commissioner, but it is not effective unless:\n(a) The plaintiff, who may be the commissioner in a suit, action, or proceeding\ninstituted by the commissioner, forthwith sends notice of the service and a\ncopy of the process by certified mail, return receipt requested, or by registered\nmail to the defendant or respondent at his or her last address on file with the\ncommissioner; and\n(b) The plaintiff's affidavit of compliance with this subsection is filed in the case\non or before the return day of the process, if any, o r within such further time\nas the court allows.\n(2) Every issuer of a covered security and every covered adviser who makes a notice\nfiling with Kentucky under this chapter shall file with the commissioner, in the form\nas prescribed by administrative regula tion, an irrevocable consent appointing the\ncommissioner or the commissioner's successor in office to be his or her attorney to\nreceive service of any lawful process in any noncriminal suit, action, or proceeding\nagainst him or her or his or her successor,  executor, or administrator that arises\nunder this chapter or under any rule or order under this chapter after the consent has\nbeen filed, with the same force and validity as if served personally on the person\nfiling the consent. A person who has filed a c onsent in connection with a previous\nnotice filing need not file another. Service may be made by leaving a copy of the\nprocess in the office of the commissioner, but it is not effective unless:\n(a) The plaintiff, who may be the commissioner in a suit, acti on, or proceeding\ninstituted by the commissioner, sends notice of the service and a copy of the\nprocess by certified mail, return receipt requested, or by registered mail to the\ndefendant or respondent at his or her last address on file with the\ncommissioner; and\n(b) The plaintiff's affidavit of compliance with this subsection is filed in the case\non or before the return day of the process, if any, or within the time as the\ncourt allows.\n(3) When any person, including any nonresident of this state, engages in conduct\nprohibited or made actionable by this chapter or any rule or order hereunder, and the\nperson has not filed a consent to service of process under subsection (1) or (2) of\nthis section and personal jurisdiction over him or her cannot otherwise be obtained\nin this state, that conduct shall be considered equivalent to his or her appointment of\nthe commissioner or the commissioner's successor in office to be the person's\nattorney to receive service of any lawful process in any noncriminal suit, action , or\nproceeding against the person or the person's successor executor or administrator\nwhich grows out of that conduct and which is brought under this chapter or any rule\nor order hereunder, with the same force and validity as if served on the person\npersonally. Service may be made by leaving a copy of the process in the office of\nthe commissioner, and it is not effective unless:\n(a) The plaintiff, who may be the commissioner, in a suit, action, or proceeding\ninstituted by the commissioner, forthwith sends notice of the service and a\ncopy of the process by certified mail, return receipt requested, or by registered\nmail to the defendant or respondent at his or her last known address or takes\nother steps which are reasonably calculated to give actual notice; and\n(b) The plaintiff's affidavit of compliance with this subsection is filed in the case\non or before the return day of the process, if any, or within such further time\nas the court allows.","path":["KRS Chapter 292"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=15558","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:57:23Z","sha256":"9869a86475828d262f71e825a8fba7539bf424c71512a5270dba7b465351f1af","source_id":"us-ky","stale":false,"prev":"us-ky/krs-292.420","next":"us-ky/krs-292.440"},"notice":"GroundRules: Original legal text. Not legal advice."}