How to serve a corporation a summons?
Full Question:
I need to know how to serve a corporation ?
10/01/2007 |
Category: Civil Actions ยป Summons |
State: California |
#9386
Answer:
Typically, a corporation names a registered agent (also known as an agent for service of process or an agent for acceptance of service) in the articles of incorporation or other filing document to accept service of any lawsuit or claim against the corporation.
The applicable California statute regarding service of process on a corporation is as follows:
§ 1701 Corp.
Delivery by hand of a copy of any process against the corporation
(a) to any natural person designated by it as agent or (b), if a
corporate agent has been designated, to any person named in the
latest certificate of the corporate agent filed pursuant to Section
1505 at the office of such corporate agent shall constitute valid
service on the corporation.
§ 1702 Corp.
(a) If an agent for the purpose of service of process has resigned
and has not been replaced or if the agent designated cannot with
reasonable diligence be found at the address designated for
personally delivering the process, or if no agent has been
designated, and it is shown by affidavit to the satisfaction of the
court that process against a domestic corporation cannot be served
with reasonable diligence upon the designated agent by hand in the
manner provided in Section 415.10, subdivision (a) of Section 415.20
or subdivision (a) of Section 415.30 of the Code of Civil
Procedure or upon the corporation in the manner provided in
subdivision (a), (b) or (c) of Section 416.10 or subdivision (a) of
Section 416.20 of the Code of Civil Procedure, the court may make
an order that the service be made upon the corporation by delivering
by hand to the Secretary of State, or to any person employed in the
Secretary of State's office in the capacity of assistant or deputy,
one copy of the process for each defendant to be served, together
with a copy of the order authorizing such service. Service in this
manner is deemed complete on the 10th day after delivery of the
process to the Secretary of State.
(b) Upon the receipt of any such copy of process and the fee
therefor, the Secretary of State shall give notice of the service of
the process to the corporation at its principal executive office, by
forwarding to such office, by registered mail with request for return
receipt, the copy of the process or, if the records of the Secretary
of State do not disclose an address for its principal executive
office, by forwarding such copy in the same manner to the last
designated agent for service of process who has not resigned. If the
agent for service of process has resigned and has not been replaced
and the records of the Secretary of State do not disclose an address
for its principal executive office, no action need be taken by the
Secretary of State.
(c) The Secretary of State shall keep a record of all process
served upon the Secretary of State under this chapter and shall
record therein the time of service and the Secretary of State's
action with reference thereto. The certificate of the Secretary of
State, under the Secretary of State's official seal, certifying to
the receipt of process, the giving of notice thereof to the
corporation and the forwarding of such process pursuant to this
section, shall be competent and prima facie evidence of the matters
stated therein.
(d) The court order pursuant to subdivision (a) that service of
process be made upon the corporation by delivery to the Secretary of
State may be a court order of a court of another state, or of any
federal court if the suit, action, or proceeding has been filed in
that court.
