12/04/2021
As the new year rapidly approaches, it is a good time to think about, understand, and deal with our legal obligations.
When filling out a Statement of Information - a form required for all corporations and LLC’s that provides the basic information on the entity’s address - we frequently see all manner of individuals listed as the agent for service of process. But, what really is an agent for service of process?
The Secretary of State provides in its instructions to the Statement of Information that, “An Agent for Service of Process is responsible for accepting legal documents (e.g. service of process, lawsuits, subpoenas, other types of legal notices, etc.) on behalf of the corporation.” The agent then has the duty to ensure the documents get to the correct person or people to be handled.
While a relatively simple task, it can have its issues. First, if the corporation is defunct it may be difficult for the agent to find the business owners, officers, and directors. However, as that business has been officially served and its timelines to respond have begun, it is the agent’s obligation to get the documents to the correct person.
Second, if the agent does not desire to be served or will take the service as some sort of personal attack, the agent may not be the right person for the job.
To search specific company listings to see if you are still an agent for service of process go to https://businesssearch.sos.ca.gov/
If you would like to remove yourself as the agent for service of process, easily submit the form online by going tohttps://bpd.cdn.sos.ca.gov/pdf/ra100.pdf
Understand that the resignation of the agent for service of process will ultimately cause the business to be suspended by the Secretary of State as an agent for service of process is required.