Also known as: agents for service of process · registered agent · process agent
Written by attorneys · grounded in primary & secondary sources — see below
A person or entity designated by a business organization to receive summonses, complaints, and other official legal documents on its behalf. The designation operates as the organization's affirmation that the agent has consented to serve and must maintain a place of business in the state.
Alpine Mining files articles of incorporation naming an individual whose office address matches the registered office. The secretary of state accepts the filing. Later a creditor attempts service at that address and the papers reach the corporation through the named agent.
Aether Technologies files a certificate of organization that identifies a local company as registered agent with an in-state street address. A supplier later sues and delivers process to that agent at the listed address. The agent forwards the papers to the LLC.
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Artemis Logistics, a foreign limited partnership, registers in the state and names a local ship chandler as registered agent. A cargo owner sues and serves the chandler at its port office. The chandler accepts the papers and notifies the partnership.
Astra Aerospace keeps a domestic corporation whose office coincides with its registered office as its registered agent. A plaintiff serves process on that domestic corporation at the shared address. The agent transmits the documents to Astra Aerospace.
A national magazine's editor and reporter are sued in a distant state for an article affecting a local plaintiff. They argue that mere foreseeability of circulation does not make them agents for service of process. The court rejects jurisdiction on that basis.
An automobile retailer sells a car that later causes injury in another state. The buyer sues the retailer there, claiming the car itself acts as agent for service. The court holds that amenability does not travel with the chattel.
The designation in formation documents constitutes the entity's affirmation that the agent has consented to serve. Without actual consent the designation is ineffective and service on the named person does not bind the entity.
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Service is ineffective. Statutes require delivery to the registered agent at the designated address unless the agent cannot be found with reasonable diligence or no agent exists.
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The filing itself operates as the entity's affirmation that consent exists. Third parties may rely on the public record, so service on the listed agent remains valid regardless of a later denial.
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Yes. A state may deem use of its highways by a nonresident motorist to constitute appointment of a state official as agent for service in actions arising from accidents within the state.
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…Services, Inc. , 304 F. Supp. 165, 170-171 (Minn. 1969). Every seller of chattels would in effect appoint the chattel his agent for service of process. His amenability to suit would travel with the chattel. We recently abandoned the outworn rule of Harris v. Balk , 198 U. S. 215 (1905), that the interest of a creditor in a debt could be…