No. 41726 (5-year Review): Rule R164-26. Consent to Service of Process  

  • DAR File No.: 41726
    Filed: 06/02/2017 08:29:38 AM

    NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

    Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

    Subsection 61-1-26(7) of the Utah Uniform Securities Act requires that every applicant for registration and every issuer shall consent to have the division or its director be its attorney to receive service of any lawful, noncriminal process. Section 61-1-24 authorizes the division to make rules necessary to carry out the provisions of the Act.

    Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

    No comments have been received.

    Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

    The Act allows the division to accept service of process for individuals or companies registered under the Act. This rule outlines the process. Therefore, this rule should be continued. For the service to be effective, the plaintiff in the action (whether the division or a private party) must send a copy of the process, by registered mail, to the defendant's or respondent's last address filed with the division. This creates an obligation for applicants and issuers to provide the division with current address information.

    The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:

    Commerce
    Securities
    HEBER M WELLS BLDG
    160 E 300 S
    SALT LAKE CITY, UT 84111-2316

    Direct questions regarding this rule to:

    Effective:

    06/02/2017

    Authorized by:

    Keith Woodwell, Director


Document Information

Effective Date:
6/2/2017
Publication Date:
07/01/2017
Type:
Five-Year Notices of Review and Statements of Continuation
Filed Date:
06/02/2017
Agencies:
Commerce, Securities
Authorized By:
Keith Woodwell, Director
DAR File No.:
41726
Summary:

No comments have been received.

CodeNo:
R164-26
CodeName:
{47149|R164-26|R164-26. Consent to Service of Process}
Link Address:
CommerceSecuritiesHEBER M WELLS BLDG160 E 300 SSALT LAKE CITY, UT 84111-2316
Link Way:

Benjamin Johnson, by phone at 801-530-6134, by FAX at 801-530-6980, or by Internet E-mail at bnjohnson@utah.gov

AdditionalInfo:
More information about a Five-Year Notice of Review and Statement of Continuation is available online. The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull_pdf/2017/b20170701.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version. For questions regarding the content or ...
Related Chapter/Rule NO.: (1)
R164-26. Consent to Service of Process.