Chap. 233.—An ACT to amend and re-enact Section 1, as amended, of “An Act
, requiring non-resident persons, associations, partnerships and corporations
establishing and/or maintaining a place of business in this State for the adver-
tising, offering and/or sale of securities to appoint, by written power of attorney,
the secretary of the Commonwealth and his successors in office, as the agents
of such non-residents, upon whom may be served any process against, or notice
to such non-resident; to provide for the admissibility in evidence of certified
copies of the power of attorney provided for; to empower the State Corporation
Commission to enjoin or restrain the advertising, offering and/or sale of
securities by such non-residents, and their agents and employees; and to pre-
scribe penalties.”, approved March 23, 1932, so as to exempt from necessity of
filing power of attorney any such non-resident as has filed, or files, a power of
attorney under Section 9 of Chapter 529, Acts 1928, as amended, or under
Section 3847 of the Code of Virginia, 1919, as amended. {[H B 302]

Approved March 14, 1942

1. Be it enacted by the General Assembly of Virginia, That section
one, as amended, of “An Act requiring non-resident persons, associa-
tions, partnerships and corporations establishing and/or maintaining a
place of business in this State for the advertising, offering and/or sale of
securities to appoint, by written power of attorney, the secretary of the
Commonwealth and his successors in office, as the agents of such non-
residents, upon whom may be served any process against, or notice to
such non-resident ; to provide for the admissibility in evidence of certified
copies of the power of attorney provided for; to empower the State
Corporation Commission to enjoin or restrain the advertising, offering
and/or sale of securities by such non-residents, and their agents and
employees; and to prescribe penalties.”, approved March twenty-third,
nineteen hundred and thirty-two, be amended and re-enacted, as follows:

Section 1. It shall hereafter be unlawful for any non-resident
person, partnership, association or corporation, who or which establishes
and/or maintains a place of business within this State for the purpose of
advertising, offering and/or for the sale of securities, in any manner, or
for dealing in or handling securities on commission or otherwise, in this
State, to advertise, offer and/or sell securities or deal in or handle securi-
ties on commission or otherwise, unless such non-resident person, part-
nership, association or corporation, shall, by written power of attorney,
appoint the Secretary of the Commonwealth and his successors in office,
as the agents of any such non-resident person, partnership, association or
corporation, upon whom shall be served any process against, or notice to,
any such non-resident person, firm, co-partnership, corporation, associa-
tion or society, in any action or proceeding arising out of the advertising,
cus. 233, 234] ACTS OF ASSEMBLY 345

offering and/or sale of securities or the dealing in or handling securities
on commission or otherwise, or in furtherance thereof within this State,
except such non-resident person, partnership, association or corporation
as is required by section nine of chapter five hundred and twenty-nine
acts nineteen hundred and twenty-eight, as amended, known as the Vir-
ginia Securities Law, or by section thirty-eight hundred and forty-seven
of the Code of Virginia of nineteen hundred and nineteen, as amended,
to file power of attorney similar in character to that which is required
herein and, in pursuance of such requirement, has filed such power of
attorney, and the Secretary of the Commonwealth shall be authorized
to enter appearance in behalf of such non-resident person, firm, co-
partnership, corporation, association or society. The service of process
shall only be made upon the Secretary of the Commonwealth, or in his
absence, upon the person in charge of his office. A copy of such power
of attorney, duly certified and authenticated, shall be filed with the
Secretary of the Commonwealth, and copies thereof duly certified by the
Secretary of the Commonwealth shall be received as evidence of service
in all courts of this State. No judgment shall be entered against any such
non-resident under this section until after the process has been served,
as aforesaid, at least ten days. Notice of the service of such process on
the Secretary of the Commonwealth shall be given to non-residents
specified herein in the same manner as provided for by section thirty-
eight hundred and forty-six of the Code of Virginia, nineteen hundred
and nineteen, and the fees allowed by section thirty-eight hundred and
forty-six shall be applicable to this act.

2. An emergency exists and this act is in force from its passage.