§ 57-51 Nonresident registration
A. Any unregistered charitable organization, professional fund-raising counsel, or professional solicitor, having his or its principal place of business outside of the Commonwealth or organized under and by virtue of the laws of a foreign state who or which shall solicit contributions from people in the Commonwealth, shall be deemed to have irrevocably appointed the Secretary of the Commonwealth as his or its agent upon whom may be served any summons, subpoena, subpoena duces tecum, or other process directed to such charitable organization, or any partner, principal, officer, or director thereof or to such professional fund-raising counsel or professional solicitor. Service shall be made by leaving two copies of the process, notice, order, or demand, together with any fee required by law, in the office of the Secretary of the Commonwealth, together with an affidavit giving the last known post-office address of the defendant and such service shall be sufficient if notice of such service and a copy of the process, notice, order, or demand are forthwith sent by registered mail, with return receipt requested, by the Secretary of the Commonwealth or one of his staff to the defendant at the specified address. An affidavit by the Secretary of the Commonwealth showing compliance herewith shall be filed with the papers in the suit, action, or proceeding.
B. Any charitable organization, having no office or place of business within the Commonwealth and soliciting in the Commonwealth from outside of the Commonwealth solely by email, telephone or telegraph, direct mail, or advertising in national media, and any professional fund-raising counsel or professional solicitor engaged by such an organization, shall file with the Commissioner any report that would otherwise be required of it or request the Commissioner to determine that such organization is exempt under § 57-50 or 57-60.
History
This law was first created in 1974. The record of its establishment is cataloged in chapter 574 of that year’s edition of “Acts of Assembly,” the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1974 “Acts” aren’t available online. It has been modified 3 times. Those modifications are cataloged by “The Acts of Assembly,” a state publication, by year and chapter. Those modifications that can be read on the General Assembly’s website will be linked accordingly. Those modifications are as follows: in 1979, chapter 595; in 1984, chapter 268; in 2023, chapter 289.
1974, c. 574; 1979, c. 595; 1984, c. 268; 2023, c. 289.