CHAPTER 331

An Act to amend the Code of Virginia by adding in Title 8 a chapter,
numbered 4.1, containing sections numbered 8-81.1 through 8-81.5,
so as to provide how process may be served in certain actions; to pro-
vide that in such cases upon whom process shall be served; and to
provide the venue for such actions.

[S 266}

Approved March 31, 1964

Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia be amended by adding in Title 8 a chapter,
numbered 4.1, containing sections numbered 8-81.1 through 8-81.5, as

follows:
Chapter 4.1
§ 8-81.1. As used in this chapter, “person” includes an individual,
his executor, administrator, or other personal representative, or a corpora-
tion, partnership, association or any other legal or commercial entity,
whether or not a citizen or domiciliary of this State and whether or not
organized under the laws of this State.

§ 8-81.2. (a) A court may exercise personal jurisdiction over a per-
son, who acts directly or by an agent, as to a cause of action arising from
the person’s

(1) transacting any business in this State;

(2) contracting to supply services or things in this State;

(3) causing tortious injury by an act or omission in this State;

(4) causing tortious injury in this State by an act or omission out-
side this State if he regularly does or solicits business, or engages in
any other persistent course of conduct, or derives substantial revenue
from goods used or consumed or services rendered, in this State;

(5) causing injury in this State to any person by breach of war-
ranty expressly or impliedly made in the sale of goods outside this State
when he might reasonably have expected such person to use, consume, or
be affected by the goods in this State, provided that he also regularly
does or solicits business, or engages in any other persistent course of con-
duct, or derives substantial revenue from goods used or consumed or
services rendered in this State;

State 6) having an interest in, using, or possessing real property in this
; or

(7) contracting to insure any person, property, or risk located within
this State at the time of contracting.

(b) When jurisdiction over a person is based solely upon this sec-
tion, only a cause of action arising from acts enumerated in this section
may be asserted against him; provided, however, nothing contained in this
chapter shall limit, restrict or otherwise affect the jurisdiction of any
court of this State over foreign corporations which are subject to service
of process pursuant to the provisions of any other statute.

§ 8-81.3. (a) When the exercise of personal jurisdiction is author-
ized by this chapter, service of process or notice may be made in the
same manner as is provided for elsewhere in this code in any other case
in which personal jurisdiction is exercised over such a nonresident party,
and, if there be no such provision, then process or notice may be served
on any agent of such person in the county or city in this State in which
he resides or on the Secretary of the Commonwealth of Virginia who,
for this purpose, shall be deemed to be the statutory agent of such person.

(b) Service of such process or notice shall be made by leaving a copy
of the process or notice, together with a fee of three dollars, plus one
dollar additional for each defendant over one to be thus served, in the
hands of the Secretary of the Commonwealth or in his office in the city
of Richmond, Virginia, and such service shall be sufficient upon the non-
resident, provided that notice of such service and a copy of the process
or notice are forthwith sent by registered or certified mail, with delivery
receipt requested, by the Secretary of the Commonwealth to the defen-
dant or defendants at such defendant’s or defendants’ last known post-
office address, and an affidavit of compliance herewith by the Secretary
of the Commonwealth or some one designated by him for that purpose
and having knowledge of such compliance, shall be forthwith filed with
the papers in the action.

§ 8-81.4. When the exercise of personal jurisdiction is authorized
by this chapter, any action or suit may be brought as provided in § 8-38
or, if not thereby provided for, it may be brought in the county or cor-
poration wherein the plaintiff resides or where the cause of action or any
part thereof arose.

§ 8-81.5. A court of this State may exercise jurisdiction on any other
basis authorized by law.
2. If any provision of this chapter or the application thereof to any
person or circumstance is held invalid, the invalidity does not affect other
provisions or applications of the chapter which can be given effect without
the invalid provision or application, and to this end the provisions of this
chapter are severable.