HB 619 - AS INTRODUCED
2001 SESSION
03/01
HOUSE BILL 619
AN ACT relative to the sale or lease of goods or services to residents of this state via the Internet.
This bill requires persons organized under the laws of this state, authorized to transact business in this state, or otherwise required to appoint an agent for service of process in this state to post certain information on their Internet sites. This bill also prohibits any person not organized under the laws of this state or authorized to do business in this state from designating a forum outside of this state for disputes pertaining to sales or leases of goods or services to New Hampshire residents via the Internet, unless such person has an agent for service of process in this state.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
01-0820
03/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand One
AN ACT relative to the sale or lease of goods or services to residents of this state via the Internet.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Chapter; E-Commerce Self-Regulation of Agents for Service of Process. Amend RSA by inserting after chapter 294-D the following new chapter:
CHAPTER 294-E
E-COMMERCE SELF-REGULATION OF AGENTS FOR SERVICE OF PROCESS
294-E:1 Self-Regulation of Persons with Agents Appointed. Any person which is organized under the laws of this state, is authorized to transact business in this state, or is otherwise required to appoint an agent for service of process in this state shall make available at or from any Internet site it maintains the name of the legal owner of each domain name from which the Internet site is accessible, the address of its principal office wherever located, and information pertaining to its agent for service of process in this state.
294-E:2 Self-Regulation to Promote the Appointment of Agents. Any person that is not organized under the laws of this state and is not authorized to transact business in this state, and which sells or leases goods or services to residents of this state via the Internet, shall not designate a forum other than a forum in this state for the resolution of disputes pertaining to such sales or leases unless such person appoints and continuously maintains an agent for service of process in this state, and makes available at or from the Internet site the name of the legal owner of the domain name, the address of its principal office wherever located, and information pertaining to such agent for service of process. An agent for service of process appointed pursuant to this chapter may be an individual who is a resident of this state or a corporation, limited liability company, or limited liability partnership authorized to transact business in this state.
294-E:3 No Consent to Personal Jurisdiction. No person who appoints an agent for service of process solely for the purpose of complying with the provisions of RSA 294-E:2 shall be deemed to have consented to the personal jurisdiction of the courts of this state by virtue of such appointment.
2 Effective Date. This act shall take effect January 1, 2002.