Sec. 39.
When a person, including a nonresident of this state, engages in conduct prohibited or made actionable by this act or a rule or order hereunder, whether or not the person has filed a consent to service of process, and personal jurisdiction over the person cannot otherwise be obtained in this state, that conduct shall be considered equivalent to an appointment of the the corporations and securities bureau of the department of commerce to be his or her attorney to receive service of a lawful process in any noncriminal action or proceeding against the person or a successor, executor, or administrator which grows out of that conduct and which is brought under this act or any rule or order hereunder, with the same force and validity as if served on the person personally. Service may be made by leaving a copy of the process in the office of the corporations and securities bureau of the department of commerce, but it is not effective unless the plaintiff, which may be the department in an action or proceeding instituted by it, forthwith sends notice of the service and a copy of the process by certified mail to the defendant or respondent at his or her last known address or takes other steps which are reasonably calculated to give actual notice and the plaintiff's affidavit of compliance with this section is filed in the case on or before the return day of the process, if any or within such further time as the court allows.
History: 1974, Act 269, Eff. Oct. 15, 1974 ;-- Am. 1984, Act 92, Eff. June 20, 1984
Structure Michigan Compiled Laws
Chapter 445 - Trade and Commerce
Act 269 of 1974 - Franchise Investment Law (445.1501 - 445.1546)
Section 445.1501 - Short Title; Construction.
Section 445.1502 - Definitions.
Section 445.1503 - Additional Definitions; Burden of Proof.
Section 445.1504a - Applicability of Act.
Section 445.1504b - Franchisee as Sole Employer.
Section 445.1505 - Prohibited Conduct in Connection With Offer, Sale, or Purchase of Franchise.
Section 445.1505a - Franchise Opportunities Handbook.
Section 445.1507 - Repealed. 1984, Act 92, Eff. June 20, 1984.
Section 445.1509-445.1511 - Repealed. 1984, Act 92, Eff. June 20, 1984.
Section 445.1513 - Conditions Prohibiting Offering for Sale or Selling Franchise.
Section 445.1514-445.1518 - Repealed. 1984, Act 92, Eff. June 20, 1984.
Section 445.1519 - Filing Change in Information Contained in Notice.
Section 445.1520 - Accounts of Franchise Sales; Reports; Examination of Records.
Section 445.1522 - Service of Process.
Section 445.1523 - Untrue Statement, Omission, or Failure to Give Notice of Change.
Section 445.1524 - Filing of Advertisement or Sales Literature; Exemption From Liability.
Section 445.1525 - Publication of False or Misleading Advertisement Prohibited.
Section 445.1526 - Repealed. 1984, Act 92, Eff. June 20, 1984.
Section 445.1527 - Void and Unenforceable Provisions.
Section 445.1529, 445.1530 - Repealed. 1984, Act 92, Eff. June 20, 1984.
Section 445.1531 - Liability for Damages or Rescission; Basis of Damages.
Section 445.1532 - Joint and Several Liability.
Section 445.1533 - Statute of Limitations.
Section 445.1534 - Civil Liability; Liability Under Other Statute or Common Law.
Section 445.1537 - Repealed. 1984, Act 92, Eff. June 20, 1984.
Section 445.1538 - Violation; Penalty; Punishing Crime Under Other Statute.
Section 445.1543-445.1545 - Repealed. 1984, Act 92, Eff. June 20, 1984.