Cal. Code Regs. tit. 10 § 260.165

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Current through Register 2024 Notice Reg. No. 38, September 20, 2024

Section 260.165 - Consent to Service of Process

The consent to service of process required by Section 25165 of the Code shall be:

(1) pursuant to the Uniform Consent to Service of Process (Form U-2),

(2) pursuant to Form D (17 CFR 239.500) filed with the Commissioner in connection with the transaction,

(3) included in an electronic submission of a filing, or

(4) in the following form:

TO THE COMMISSIONER OF BUSINESS OVERSIGHT OF THE STATE OF CALIFORNIA CONSENT TO SERVICE OF PROCESS

KNOW ALL MEN BY THESE PRESENTS:

That the undersigned,

[___________________________________________________ (a corporation, partnership or limited liability company organized under the laws of the State of ____________________),

______________________________(an individual),

______________________________(other entity),]

hereby irrevocably appoints the Commissioner of Business Oversight of the State of California, or the Commissioner's successor in office, to be the undersigned's attorney to receive service of any lawful process in any noncriminal suit, action or proceeding against the undersigned, or the undersigned's successor, executor, or administrator which arises under the Corporate Securities Law of 1968 or any rule or order thereunder after this consent has been filed, with the same force and validity as if served personally on the undersigned.

For the purpose of compliance with the Corporate Securities Law of 1968 of the State of California, notice of the service and a copy of the process should be sent by registered or certified mail to the undersigned at the following address:

___________________________

(Name and Address)

___________________________

Dated: ____________________, _______________.

______________________________

[Insert name of corporation, partnership, limited liability company or other entity]

By ___________________________

Title _________________________

[Insert name of individual]

______________________________

State of California	)
___________________________County of	)

____________________

before me,

(Name of Notary), personally appeared

(Here, insert Name and Title of the Officer)

who proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature ______________________________ (Seal)

Any certificate of acknowledgement taken in another place shall be sufficient in the State of California if it is taken in accordance with the laws of the place where the acknowledgement is made.

Cal. Code Regs. Tit. 10, § 260.165

1. Amendment filed 10-26-84; effective thirtieth day thereafter (Register 84, No. 43).
2. Amendment of first paragraph filed 2-27-92; operative 3-30-92 (Register 92, No. 12).
3. Change without regulatory effect amending section and NOTE filed 12-7-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 49).
4. Change without regulatory effect amending form filed 2-9-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 6).
5. Amendment filed 9-24-2009; operative 10-24-2009 (Register 2009, No. 39).
6. Change without regulatory effect amending form filed 8-13-2014 pursuant to section 100, title 1, California Code of Regulations (Register 2014, No. 33).

Note: Authority cited: Sections 25165 and 25610, Corporations Code. Reference: Section 25165, Corporations Code and Section 1189, Civil Code.

1. Amendment filed 10-26-84; effective thirtieth day thereafter (Register 84, No. 43).
2. Amendment of first paragraph filed 2-27-92; operative 3-30-92 (Register 92, No. 12).
3. Change without regulatory effect amending section and Note filed 12-7-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 49).
4. Change without regulatory effect amending form filed 2-9-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 6).
5. Amendment filed 9-24-2009; operative 10-24-2009 (Register 2009, No. 39).

1. Amendment filed 10-26-84; effective thirtieth day thereafter (Register 84, No. 43).
2. Amendment of first paragraph filed 2-27-92; operative 3-30-92 (Register 92, No. 12).
3. Change without regulatory effect amending section and Note filed 12-7-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 49).
4. Change without regulatory effect amending form filed 2-9-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 6).
5. Amendment filed 9-24-2009; operative 10-24-2009 (Register 2009, No. 39).
6. Change without regulatory effect amending form filed 8-13-2014 pursuant to section 100, title 1, California Code of Regulations (Register 2014, No. 33).