Also known as:process agents · process-agent · agent for service · service agent
Written by attorneys · grounded in primary & secondary sources — see below
An individual or entity designated by a corporation or other business organization to receive service of process, notices, and demands on its behalf. The designation in a public filing affirms that the agent has consented to serve and supplies a reliable location for delivery of legal papers.
Sources & Authorities· 5 primary sources
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Cases
Model Codes
Dictionaries
How it applies
Common Examples
6
Registered Agent Receives Suit Papers
Prime Logistics files its articles listing Patriot Insurance as registered agent at a State A office. After a customer injury claim arises, the plaintiff delivers the summons and complaint to Patriot Insurance at that address. Patriot Insurance forwards the papers to Prime Logistics, satisfying the statutory channel for service on the corporation.
Out-of-State Firm Appoints Agent
Midwesco Enterprises, an Illinois company, sells equipment to an Ohio buyer. Midwesco appoints a process agent in Ohio. The plaintiff serves the summons and complaint on the appointed process agent, properly effecting service on the firm for the contract dispute.
Bendix Autolite Corp. v. Midwesco Enterprises, Inc.486 U.S. 888 (1988)
Dealer Designates Local Agent
A New York car dealer sells a vehicle that later injures an Oklahoma plaintiff. The dealer appoints a process agent in Oklahoma. The plaintiff serves the summons and complaint on the designated agent, satisfying service requirements for the suit.
World-Wide Volkswagen Corp. v. Woodson444 U.S. 286, 297–98 (1980)
Editor Appoints State Agent
A Florida-based tabloid publishes an article about a California resident. The publisher appoints a process agent in California. The plaintiff serves the summons and complaint on the designated agent, ensuring the out-of-state editor receives proper notice of the suit.
Calder v. Jones465 U.S. 783 (1984)
Foreign Subsidiary Lacks Local Agent
A Luxembourg tire manufacturer sells products through a U.S. distributor. The foreign entity appoints a process agent in North Carolina. When a product-liability suit is filed there, the plaintiff serves the designated agent to notify the manufacturer.
Goodyear Dunlop Tires Operations, S.A. v. Brown564 U.S. 915, 919 (2011)
Nonprofit Designates Service Agent
A nonprofit organization receives federal funding and designates a process agent in the District of Columbia. A taxpayer later challenges the funding program. Service on the designated agent ensures the organization receives notice of the suit.
Hein v. Freedom From Religion Foundation, Inc.551 U.S. 587 (2007)
Common questions
Frequently Asked
5
Does designating a registered agent in formation documents require separate written consent from the agent?+
No. The public filing itself constitutes an affirmation by the entity that the named agent has consented to serve. Third parties and the state may rely on the designation without investigating private agreements between the entity and the agent.
Supporting sources
What happens if the registered agent cannot be located or refuses the papers?+
If the registered agent cannot be served with reasonable diligence, the plaintiff may use alternative methods such as certified mail to the entity's principal office or service on a person in charge at a regular place of business or activity.
Supporting sources
Can a limited partnership be served by delivering papers to an on-site supervisor at a temporary location?+
Yes, when the registered agent cannot be served and the location qualifies as a regular place of activity. Delivery to the individual in charge at that site satisfies the statutory substitute for service on the registered agent.
Supporting sources
Does an engagement letter that disclaims service duties override a public designation of a law firm as registered agent?+
No. The public filing controls. Internal limitations in a private agreement do not negate the statutory effect of the designation that third parties are entitled to rely upon.
Supporting sources
Must the certificate of limited partnership include the registered agent's street address to be valid?+
Yes. The statute requires both the name and the street and mailing addresses of the registered agent. Omitting the street address renders the certificate noncompliant and prevents proper formation.
Supporting sources
was not made on respondent’s authorized
service agent
until December 1, 1977.[^maj-2] On January 5, 1978, respondent filed a motion to dismiss the complaint on the ground that the action was barred by the applicable Oklahoma statute of…
of
process
”). Measured against Helicopteros and Perkins , North Carolina is not a forum in which it would be permissible to subject petitioners to general jurisdiction. Unlike the…
agent for service
of
process
, which operates as consent to the general jurisdiction of the Ohio courts. Applying well-settled constitutional principles, we find the Ohio statute that suspends limitations…
about possible tax violations. No Miranda warning was given before questioning. The Court held that the suspect's incriminating statements were not admissible at his subsequent trial on…
Business Associations Agency and PartnershipSpecial rules concerning limited partnerships · Disclosure requirementsUBEFoundational