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2016 SESSION

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SB 172 Foreign entities; consent to jurisdiction & service of summons for witness or subpoena duces tecum.

Introduced by: Scott A. Surovell | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED SENATE:

Foreign business entities; consent to jurisdiction and service of summons for witness or subpoena duces tecum. Provides that authorization from the State Corporation Commission (the Commission) for a foreign business entity to transact business in the Commonwealth constitutes the foreign business entity's consent to the jurisdiction of the courts of the Commonwealth for all actions against the foreign business entity. The bill further provides that a court may enforce a summons for witness or a subpoena duces tecum against the registered agent of such foreign business entity, regardless of whether the foreign business entity is a party to the underlying suit. The bill requires the Commission to notify the registered agents of every foreign business entity that has a certificate of authority or similar authorization to transact business within the Commonwealth of the provisions regarding consent to jurisdiction. The bill serves to overrule the Supreme Court of Virginia's decision in Yelp, Inc., v. Hadeed Carpet Cleaning, Inc., 770 S.E.2d 440 (2015).

SUMMARY AS INTRODUCED:

Foreign entities; consent to jurisdiction and service of summons for witness or subpoena duces tecum. Provides that registration by a foreign entity with the State Corporation Commission (the Commission) to transact business in the Commonwealth constitutes the foreign entity's consent to the jurisdiction of the courts of the Commonwealth for all actions against the foreign entity. The bill further provides that a court may enforce a summons for witness or a subpoena duces tecum against the registered agent of such foreign entity, regardless of whether the foreign entity is a party to the underlying suit. The bill requires the Commission to notify the registered agents of all foreign entities that have certificates of authority to transact business within the Commonwealth of the provisions regarding consent to jurisdiction prior to the deadline for payment of the foreign entity's annual registration fee. The bill serves to overrule the Supreme Court of Virginia's decision in Yelp, Inc., v. Hadeed Carpet Cleaning, Inc., 770 S.E.2d 440 (2015).