Also known as: agents authorized by appointment or by law · authorized agent · legal agent · appointed agent
Written by attorneys · grounded in primary & secondary sources — see below
A person or entity empowered to accept service of process or execute binding records on behalf of a principal, either through the principal's explicit designation or by operation of law.
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Andrew Avery orders $600 in custom parts from Avalon Pharmaceuticals. The company's sales manager, acting under company policy, signs and mails a confirmation listing the quantity and price to Avery's address. Avery receives the document but raises no objection within ten days. The signed record satisfies the statute of frauds requirement against Avery because the manager qualifies as an authorized agent.
Atlas Ventures leases equipment to Anthony Arnold under a contract naming a New York resident as the agent for accepting process. When Atlas sues in federal court for breach, the process server delivers the summons and complaint to that named individual. Arnold receives prompt notice from the agent. Service is effective because the contract created an agent authorized by appointment to receive process.
A plaintiff seeks to sue a foreign state-owned bank in U.S. district court. No special arrangement for service exists. The plaintiff delivers the summons and complaint to the bank's managing agent located in the United States. The delivery satisfies the statutory requirement because the managing agent is authorized by law to receive service on the bank's behalf.
Illinois files an original action in the Supreme Court against the City of Milwaukee alleging pollution of Lake Michigan. Process is delivered to an officer of the city who is designated by state law to accept service for municipal defendants. The city receives timely notice through that officer. Service is valid because the officer qualifies as an agent authorized by law to receive process.
Authorization by appointment occurs when the principal expressly or impliedly designates a person to receive process on the principal's behalf, such as through a contractual clause naming a specific individual. The designation must be clear enough that the agent understands the role and the principal intends the agent to act in that capacity. Courts examine the parties' agreement and conduct to determine whether the appointment exists.
Supporting sources
Authorization by law arises when a statute or rule itself designates certain persons, such as officers or managing agents of a corporation, to accept service for the principal. The authority stems directly from the legal provision rather than from any agreement between the parties. Examples include provisions in the Federal Rules of Civil Procedure and statutes governing service on foreign states or municipalities.
…as a matter of discretion at her request. She was forcibly joined as a defendant to the original action since she was the authorized agent for the execution of the sovereign policy which threatened injury to the citizens of New Jersey. Because of this position as a defendant, subordinate to the parent state as the primary…
…4 (d) (1) of the Federal Rules of Civil Procedure authorizes service of process for suits in federal courts to be made on “an agent authorized by appointment or by law
…ticket required an injured party to submit “written notice of the claim with full particulars ... to the carrier or its duly authorized agent
…the respondent in the sum of $4,000. It was alleged that the petitioner had acted, in making the contract, through Harlan, its authorized agent
…name, by delivering a copy of the summons and of the complaint to an officer, a managing or general agent
Supporting sources
Yes. A record signed by a party's authorized agent is sufficient to indicate that a contract for the sale of goods has been made and satisfies the writing requirement against the party to be charged. The agent's authority may come from appointment by the principal or from operation of law. The record need not identify the principal explicitly if the agent is properly authorized.
Supporting sources
Service is ineffective if the recipient lacks actual authority by appointment or by law to accept process for the defendant. A mistaken belief by the process server or the recipient does not create the required authorization. The plaintiff must then effect proper service on a qualifying agent or use another authorized method.
Supporting sources