{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/28.2-401.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/28.2-401.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/28.2-401.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/28.2-401.html"}],"law_id":72248,"edition_id":1,"section_id":72248,"structure_id":13426,"section_number":"28.2-401","catch_line":"Service of process for nonresident individuals, foreign corporations, general and limited partnerships","history":"Code 1950, \u00a7 28-62; 1962, c. 406, \u00a7 28.1-60; 1976, c. 384; 1978, c. 347; 1992, c. 836.","full_text":"A\n\nA nonresident applicant who is an individual shall by written power of attorney appoint the Secretary of the Commonwealth his agent, upon whom shall be served all lawful process against or notice to such licensee, and who shall be authorized to enter an appearance in his behalf. The service shall only be made in duplicate upon the Secretary of the Commonwealth. The power of attorney shall be filed with the Secretary of the Commonwealth, and copies certified by him shall be received as evidence in all the courts of this Commonwealth. No judgment shall be entered against the licensee until after the process has been served for at least ten days.\n\t\t\tWhenever lawful process against, or notice to, any such individual is served, the Secretary of the Commonwealth shall immediately mail a copy of such process or notice to such individual. The Secretary of the Commonwealth shall collect the fee prescribed in &#xA7; 2.2-409 for the service of process or notice, which shall be paid by the plaintiff at the time of such service. The costs shall be recoverable by the plaintiff as a part of the taxable costs if he prevails in the suit or action.\n\t\t\tA judgment, decree or order of the court entered or made against any such individual shall be as valid and binding on such individual as if he had been a resident and served with process or notice.B\n\nThe service of process on (i) a nonresident firm or corporation shall be as provided in &#xA7; 13.1-766, (ii) a general partnership shall be as provided in &#xA7; 8.01-304 and (iii) a limited partnership shall be as provided in &#xA7; 50-73.7.","order_by":null,"text":{"0":{"id":260236,"text":"A nonresident applicant who is an individual shall by written power of attorney appoint the Secretary of the Commonwealth his agent, upon whom shall be served all lawful process against or notice to such licensee, and who shall be authorized to enter an appearance in his behalf. The service shall only be made in duplicate upon the Secretary of the Commonwealth. The power of attorney shall be filed with the Secretary of the Commonwealth, and copies certified by him shall be received as evidence in all the courts of this Commonwealth. No judgment shall be entered against the licensee until after the process has been served for at least ten days.\n\t\t\tWhenever lawful process against, or notice to, any such individual is served, the Secretary of the Commonwealth shall immediately mail a copy of such process or notice to such individual. The Secretary of the Commonwealth shall collect the fee prescribed in &#xA7; 2.2-409 for the service of process or notice, which shall be paid by the plaintiff at the time of such service. The costs shall be recoverable by the plaintiff as a part of the taxable costs if he prevails in the suit or action.\n\t\t\tA judgment, decree or order of the court entered or made against any such individual shall be as valid and binding on such individual as if he had been a resident and served with process or notice.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":260237,"text":"The service of process on (i) a nonresident firm or corporation shall be as provided in &#xA7; 13.1-766, (ii) a general partnership shall be as provided in &#xA7; 8.01-304 and (iii) a limited partnership shall be as provided in &#xA7; 50-73.7.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"ancestry":[{"id":13426,"edition_id":1,"name":"Licenses","identifier":"1","label":"article","depth":4,"order_by":1,"parent_id":13425,"metadata":{},"date_created":"2026-06-26 03:44:52","date_modified":"2026-06-26 03:44:52","permalink":{"id":191155,"object_type":"structure","relational_id":13426,"identifier":"1","token":"28.2\/II\/4\/1","url":"\/28.2\/II\/4\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13425,"edition_id":1,"name":"Use of Purse Nets for Taking Menhaden","identifier":"4","label":"chapter","depth":3,"order_by":1,"parent_id":12814,"metadata":{},"date_created":"2026-06-26 03:44:52","date_modified":"2026-06-26 03:44:52","permalink":{"id":191153,"object_type":"structure","relational_id":13425,"identifier":"4","token":"28.2\/II\/4","url":"\/28.2\/II\/4\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12814,"edition_id":1,"name":"Tidal Fisheries","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12813,"metadata":{},"date_created":"2026-06-26 03:43:54","date_modified":"2026-06-26 03:43:54","permalink":{"id":190673,"object_type":"structure","relational_id":12814,"identifier":"II","token":"28.2\/II","url":"\/28.2\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12813,"edition_id":1,"name":"Fisheries and Habitat of the Tidal Waters","identifier":"28.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:54","date_modified":"2026-06-26 03:43:54","permalink":{"id":190589,"object_type":"structure","relational_id":12813,"identifier":"28.2","token":"28.2","url":"\/28.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":74572,"structure_id":13426,"section_number":"28.2-400","catch_line":"Application for license for resident or nonresident to catch menhaden","url":"\/28.2-400\/","token":"28.2\/II\/4\/1\/28.2-400","metadata":false},{"id":61283,"structure_id":13426,"section_number":"28.2-400.1","catch_line":"Criteria for qualifying for a limited entry purse seine menhaden bait license","url":"\/28.2-400.1\/","token":"28.2\/II\/4\/1\/28.2-400.1","metadata":false},{"id":62486,"structure_id":13426,"section_number":"28.2-400.2","catch_line":"Repealed","url":"\/28.2-400.2\/","token":"28.2\/II\/4\/1\/28.2-400.2","metadata":false},{"id":72248,"structure_id":13426,"section_number":"28.2-401","catch_line":"Service of process for nonresident individuals, foreign corporations, general and limited partnerships","url":"\/28.2-401\/","token":"28.2\/II\/4\/1\/28.2-401","metadata":false},{"id":62052,"structure_id":13426,"section_number":"28.2-402","catch_line":"License fee to take menhaden with purse nets","url":"\/28.2-402\/","token":"28.2\/II\/4\/1\/28.2-402","metadata":false},{"id":87175,"structure_id":13426,"section_number":"28.2-403","catch_line":"Action of Commissioner on such application; transfer of license of disabled vessel; delegation of authority; appeals","url":"\/28.2-403\/","token":"28.2\/II\/4\/1\/28.2-403","metadata":false},{"id":85007,"structure_id":13426,"section_number":"28.2-404","catch_line":"Appeals from actions of Commissioner","url":"\/28.2-404\/","token":"28.2\/II\/4\/1\/28.2-404","metadata":false},{"id":54817,"structure_id":13426,"section_number":"28.2-405","catch_line":"Carrying patent tongs, etc., while fishing for menhaden; penalty","url":"\/28.2-405\/","token":"28.2\/II\/4\/1\/28.2-405","metadata":false},{"id":54393,"structure_id":13426,"section_number":"28.2-406","catch_line":"Reserved","url":"\/28.2-406\/","token":"28.2\/II\/4\/1\/28.2-406","metadata":false},{"id":54966,"structure_id":13426,"section_number":"28.2-407","catch_line":"Forfeiture of fishing gear","url":"\/28.2-407\/","token":"28.2\/II\/4\/1\/28.2-407","metadata":false}],"previous_section":{"id":62486,"structure_id":13426,"section_number":"28.2-400.2","catch_line":"Repealed","url":"\/28.2-400.2\/","token":"28.2\/II\/4\/1\/28.2-400.2","metadata":false},"next_section":{"id":62052,"structure_id":13426,"section_number":"28.2-402","catch_line":"License fee to take menhaden with purse nets","url":"\/28.2-402\/","token":"28.2\/II\/4\/1\/28.2-402","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/28.2-401\/","history_text":"<p>The record of this law\u2019s original creation isn\u2019t available online. It has been modified 4 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1962, chapter 406; in 1976, chapter 384; in 1978, chapter 347; in 1992, chapter 836.<\/p>","references":false,"refers_to":[{"id":77560,"section_number":"13.1-766","catch_line":"Service of process on foreign corporation","order_by":null,"url":"\/13.1-766\/"},{"id":69186,"section_number":"2.2-409","catch_line":"Secretary of the Commonwealth","order_by":null,"url":"\/2.2-409\/"},{"id":57121,"section_number":"50-73.7","catch_line":"Service on limited partnership","order_by":null,"url":"\/50-73.7\/"},{"id":74972,"section_number":"8.01-304","catch_line":"How process served on copartner or partnership, domestic or foreign limited liability partnership, and domestic or foreign limited partnership","order_by":null,"url":"\/8.01-304\/"}],"permalink":{"id":191169,"object_type":"law","relational_id":72248,"identifier":"28.2-401","token":"28.2\/II\/4\/1\/28.2-401","url":"\/28.2-401\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/28.2-401\/","token":"28.2\/II\/4\/1\/28.2-401","dublin_core":{"Title":"Service of process for nonresident individuals, foreign corporations, general and limited partnerships","Type":"Text","Format":"text\/html","Identifier":"\u00a7 28.2-401","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> A nonresident applicant who is an individual shall by written <span class=\"dictionary\">power of attorney<\/span> appoint the Secretary of the Commonwealth his agent, upon whom shall be served all lawful process against or notice to such licensee, and who shall be authorized to enter an <span class=\"dictionary\">appearance<\/span> in his behalf. The service shall only be made in duplicate upon the Secretary of the Commonwealth. The <span class=\"dictionary\">power of attorney<\/span> shall be filed with the Secretary of the Commonwealth, and copies certified by him shall be received as <span class=\"dictionary\">evidence<\/span> in all the <span class=\"dictionary\">courts<\/span> of this Commonwealth. No <span class=\"dictionary\">judgment<\/span> shall be entered against the licensee until after the process has been served for at least ten days.\n\t\t\tWhenever lawful process against, or notice to, any such individual is served, the Secretary of the Commonwealth shall immediately mail a copy of such process or notice to such individual. The Secretary of the Commonwealth shall collect the fee prescribed in &#xA7; <a class=\"law\" title=\"Secretary of the Commonwealth\" href=\"\/2.2-409\/\">2.2-409<\/a> for the <span class=\"dictionary\">service of process<\/span> or notice, which shall be paid by the <span class=\"dictionary\">plaintiff<\/span> at the time of such service. The costs shall be recoverable by the <span class=\"dictionary\">plaintiff<\/span> as a part of the taxable costs if he prevails in the suit or action.\n\t\t\tA <span class=\"dictionary\">judgment<\/span>, <span class=\"dictionary\">decree<\/span> or <span class=\"dictionary\">order<\/span> of the <span class=\"dictionary\">court<\/span> entered or made against any such individual shall be as valid and binding on such individual as if he had been a <span class=\"dictionary\">resident<\/span> and served with process or notice. <a id=\"paragraph-260236\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/28.2-401\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> The <span class=\"dictionary\">service of process<\/span> on (i) a nonresident firm or corporation shall be as provided in &#xA7; <a class=\"law\" title=\"Service of process on foreign corporation\" href=\"\/13.1-766\/\">13.1-766<\/a>, (ii) a general partnership shall be as provided in &#xA7; <a class=\"law\" title=\"How process served on copartner or partnership, domestic or foreign limited liability partnership, and domestic or foreign limited partnership\" href=\"\/8.01-304\/\">8.01-304<\/a> and (iii) a limited partnership shall be as provided in &#xA7; <a class=\"law\" title=\"Service on limited partnership\" href=\"\/50-73.7\/\">50-73.7<\/a>. <a id=\"paragraph-260237\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/28.2-401\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nSERVICE OF PROCESS FOR NONRESIDENT INDIVIDUALS, FOREIGN CORPORATIONS, GENERAL\nAND LIMITED PARTNERSHIPS (\u00a7 28.2-401)\n\nA. A nonresident applicant who is an individual shall by written power of\nattorney appoint the Secretary of the Commonwealth his agent, upon whom shall be\nserved all lawful process against or notice to such licensee, and who shall be\nauthorized to enter an appearance in his behalf. The service shall only be made\nin duplicate upon the Secretary of the Commonwealth. The power of attorney shall\nbe filed with the Secretary of the Commonwealth, and copies certified by him\nshall be received as evidence in all the courts of this Commonwealth. No\njudgment shall be entered against the licensee until after the process has been\nserved for at least ten days.\n\t\t\tWhenever lawful process against, or notice to, any such individual is served,\nthe Secretary of the Commonwealth shall immediately mail a copy of such process\nor notice to such individual. The Secretary of the Commonwealth shall collect\nthe fee prescribed in &#xA7; 2.2-409 for the service of process or notice, which\nshall be paid by the plaintiff at the time of such service. The costs shall be\nrecoverable by the plaintiff as a part of the taxable costs if he prevails in\nthe suit or action.\n\t\t\tA judgment, decree or order of the court entered or made against any such\nindividual shall be as valid and binding on such individual as if he had been a\nresident and served with process or notice.\n\nB. The service of process on (i) a nonresident firm or corporation shall be as\nprovided in &#xA7; 13.1-766, (ii) a general partnership shall be as provided in\n&#xA7; 8.01-304 and (iii) a limited partnership shall be as provided in &#xA7;\n50-73.7.\n\nHISTORY: Code 1950, \u00a7 28-62; 1962, c. 406, \u00a7 28.1-60; 1976, c. 384; 1978, c.\n347; 1992, c. 836.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}