Under some circumstances, the Secretary of State of a particular state may serve as the statutory agent for process on behalf of companies, in addition to other ways authorized by law.
It is possible to serve process on a corporation through the Secretary of State. Proper serving of process through the Secretary of State is subject to the regulations and practices established by each state. One crucial step in pursuing legal action against a corporation is to employ the services of a professional process server who may serve the company through the Secretary of State. Professional process servers are well-versed in the ins and outs of serving legal documents promptly and, more critically, in compliance with applicable state and municipal laws.
Service is extended to the following individuals: the Secretary of State of Maryland, the Attorney General of Maryland, or someone else designated in writing by the Attorney General and filed with the court clerk. It is mandatory to serve the state official or agency in question whenever an order made by that entity is being contested.
Delivering the document to the designated official or agency in Maryland, including any government business, is the only way to serve them. Delivery of the documents to the United States Attorney for the District of Maryland, constitutes service upon the Secretary Of State In Maryland.
In order to be subject to process in the state of New York, a corporation must name the Secretary of State as its agent. This is a requirement in certain states, including the state of New York. Business owners may find this idea concerning because the Secretary of State, a deputy, or anybody else authorized by the secretary to receive process is considered to have received “complete” service. This matters because after service is complete, the time limit for the corporation to reply to the documents served on it by sending them to the office of the Secretary of State begins to run.
With only 30 days “after service is complete” on the Secretary of State to submit an answer, the corporate defendant in New York has little time to retain legal counsel and prepare an adequate response. After the Secretary of State or an employee of the Secretary’s office receives service, the Secretary must immediately send a duplicate of the documents to the corporation at the post office address recorded with the state department for that purpose via certified mail with return receipt requested. Therefore, a few important days out of the thirty will already have passed due to the mailing process alone, even if the secretary of state’s office fulfills its duty and “promptly” sends the documents to the business via U.S. mail. Considering the bureaucracy in the system, it’s likely that another day or two will pass before the Secretary of State (the official responsible for serving process on behalf of over one million domestic and authorized foreign entities registered with the department of state) sends the documents to the corporation. At that point, the corporation may only have around three weeks to respond to the complaint.
No domestic or foreign corporation can be formed or authorized to do business in New York unless the secretary of state is named as the agent for service of process in its certificate of incorporation or application for authority. Consequently, no corporation doing business in New York can avoid having the secretary of state serve as its agent for service of process. At the corporation’s discretion, however, it may appoint a registered agent in New York to serve as an extra agent if the corporation is worried about the speed with which it will receive process. A domestic corporation founded in New York, or a foreign corporation allowed to conduct business in New York may serve as the designated agent, or it might be a natural person residing or having a business address in New York. It is possible for a corporation to get process more swiftly if it names a New York registered agent; however, this is contingent upon the plaintiff’s decision to serve the agent rather than the secretary of state. One drawback is that if the corporation wants to use an outside corporation as its resident agent in New York, it will have to pay more money.
An efficient way to execute service on companies, when applicable, is through the Secretary of State. For proper service of process on the entity through their respective Secretary of State, it is important to conform with a specific state’s regulations.
Process serving on corporations by the Secretary of State differs greatly across states. To serve an entity in this way legally, one must adhere strictly to the rules and regulations of the state in question. So, to make sure your papers are served properly through the Secretary of State and your case can move forward, it’s crucial to use a professional process server who is well-versed in the laws and regulations of the state.
Serving a corporation through the Secretary of State is something that Judiciary Process Servers has an expertise in. We pride ourselves on our team’s responsiveness, diligence, and professionalism. No matter where you are in the country, we are happy to serve papers. If you have any questions or concerns regarding service of process, please do not hesitate to contact us at our phone or email, details of which are available at contact us
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