THE RELATIONSHIP BETWEEN PROCESS SERVERS AND REGISTERED AGENTS

 THE RELATIONSHIP BETWEEN PROCESS SERVERS AND REGISTERED AGENTS

Introduction

In the case of litigation, an agent for service of process is a person designated on behalf of a company and authorized to receive service of process. Additionally, to file papers of incorporation or other legal paperwork in the state of incorporation, every business must designate someone in the state to act as its registered agent.

Registered Agents must complete the process of service to be effective.

If someone files a lawsuit against your business or limited liability company, they must choose who will be served with the case, often known as “process.” As a business owner, you should be aware that you will be notified in writing of the legal action if your company is ever sued. For example, you would not want a lawsuit sent to a part-time intern who is ready to leave their job.

As a result, every state’s law demands that each business entity designate a person or corporation that will receive service of process on their behalf in the state where they do business.

According to state law, you are obliged to have an agent for service of process in the state where your business is established, as well as in any additional state where your firm is authorized to do business.

The Function of a Registered Agent

The registered agent oversees receiving legal papers that are served on your company’s premises. The agent must then send the documents to the relevant person inside your organization.

The name and address of the agent will be included in the public records of your business organization. Additionally, the agent may get notices from the Secretary of State’s office and taxation authorities. These alerts must be sent to you by the agent as well.

If the agent’s mailing address changes, you must ensure that the agent’s mailing address information is updated with the appropriate state agency. If your company fails to maintain the services of a registered agent, it may be liable to fines.

The need for an in-state agent

Having the ability to track down representatives of businesses from other states is something that all 50 states in the United States value. Especially if that company does business inside the state, they do not appreciate the notion of an organization that is difficult to contact merely because its office is located across a country border. States want to make sure that their regulators and tax collectors do not have difficulty finding a local stand-in for a company, regardless of where it is headquartered. They also want their citizens to have relatively easy access to a registered agent, irrespective of where that company is headquartered. A new registered agent may be appointed if the government is informed of the change in the identity and location of the existing agent via an updated filing.

Governments nearly always demand that official activity, such as service of process, must proceed via a particular office or official to be legitimate, even though they do not talk in terms of registered agents. The terminology may be different, but the concept remains the same: failing to serve the right person in most situations may be fatal to a petitioner’s case.

Hire the most qualified people in the industry.

SeekPoint Legal should be your go-to destination if you ever need registered agents or service of process. We have fully compliant service, with years of experience. Please feel free to give us a call at (530) 802-0066 to discuss more.