How do I serve a corporation that has no agent?

Need Professional Help? Talk to a Business Law Attorney.

There was a problem with the submission. Please refresh the page and try again
Full Name is required
Email is required
Please add a valid Email
Phone Number is required
Please enter a valid Phone Number
Zip Code is required
Please add a valid Zip Code
Description is required
By clicking "Find a Lawyer", you agree to the Martindale-Nolo Texting Terms. Martindale-Nolo and up to 5 participating attorneys may contact you on the number you provided for marketing purposes, discuss available services, etc. Messages may be sent using pre-recorded messages, auto-dialer or other automated technology. You are not required to provide consent as a condition of service. Attorneys have the option, but are not required, to send text messages to you. You will receive up to 2 messages per week from Martindale-Nolo. Frequency from attorney may vary. Message and data rates may apply. Your number will be held in accordance with our Privacy Policy.

You should not send any sensitive or confidential information through this site. Any information sent through this site does not create an attorney-client relationship and may not be treated as privileged or confidential. The lawyer or law firm you are contacting is not required to, and may choose not to, accept you as a client. The Internet is not necessarily secure and emails sent through this site could be intercepted or read by third parties.

Question

I'm planning on filing a lawsuit against an out-of-state corporation that owns retail locations in California. I was instructed to serve its agent for service, but the company does not have one. How can I properly serve the business -- and is it legal for it to continue doing business in California without having an agent?

Answer

No, it is not legal for the corporation to continue doing business in California without having an agent for service of process. In California, as in most all states, all foreign corporations -- which, less exotically, means all corporations formed in another state -- must have agents for service of process if they conduct any business in the state. An out-of-state corporation has to designate an agent before it begins doing business in California, file a statement every year identifying its agent, and file an amended designation if the name or address of the agent changes.

You don't have to serve the agent, however: You can also serve any officer of the corporation or its general manager. And if you cannot find the agent, an officer, or the general manager, you may serve the corporation by delivering the papers to California's Secretary of State -- all corporations must register with the Secretary of State before doing any business in California. To take this last route, though, you must first get a court order allowing it; you will be required to show that you tried without success to locate the agent for service of process.

Ready to start your corporation?

Get Professional Help
Talk to a Business Law attorney.
There was a problem with the submission. Please refresh the page and try again
Full Name is required
Email is required
Please add a valid Email
Phone Number is required
Please enter a valid Phone Number
Zip Code is required
Please add a valid Zip Code
Description is required
By clicking "Find a Lawyer", you agree to the Martindale-Nolo Texting Terms. Martindale-Nolo and up to 5 participating attorneys may contact you on the number you provided for marketing purposes, discuss available services, etc. Messages may be sent using pre-recorded messages, auto-dialer or other automated technology. You are not required to provide consent as a condition of service. Attorneys have the option, but are not required, to send text messages to you. You will receive up to 2 messages per week from Martindale-Nolo. Frequency from attorney may vary. Message and data rates may apply. Your number will be held in accordance with our Privacy Policy.

You should not send any sensitive or confidential information through this site. Any information sent through this site does not create an attorney-client relationship and may not be treated as privileged or confidential. The lawyer or law firm you are contacting is not required to, and may choose not to, accept you as a client. The Internet is not necessarily secure and emails sent through this site could be intercepted or read by third parties.

How It Works

  1. Briefly tell us about your case
  2. Provide your contact information
  3. Choose attorneys to contact you