Archive for October, 2013

Serving corporations with missing registered agents

October 8th, 2013 2 comments

Serving a corporation that owns property is supposed to be easy.  Every corporation doing business within a state must appoint a registered agent.  The name and address of the registered agent is listed with the agency of the state that deals with business corporations. In many states it is the Secretary of State.  When an inspector needs to serve an owner that is a corporation, the paperwork is delivered to the registered agent and the case can proceed to hearing.  But, what happens if the registered agent cannot be found?  In such a situation, the Secretary of State will accept service on behalf of the corporation if the party can show it used due diligence to serve the registered agent but the person cannot be found.  Special forms must be submitted to the Secretary of State but once he or she is served, the court has jurisdiction over the corporation and can issue a default judgment if the corporation does not appear at the hearing.

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