WHY ARE REGISTERED AGENTS REQUIRED TO ACCEPT SERVICE OF PROCESS ON BEHALF OF THE CORPORATIONS THEY REPRESENT
All states, including Washington DC and Puerto Rico require business entities to maintain a BOC-3 Agent and or Registered Agent office in the state where process serving services are performed. Especially, corporate trucking, transportation, or broker entities MUST designate a BOC-3 Agent or Registered Agent to serve as an official contact for receiving lawsuits, notifications, or subpoenas. Attorneys serve legal court documents for trucking and transportation businesses through their BOC-3 Agent or Registered Agent, as required by law. For most corporate entities, summons, orders, lawsuits, orders, subpoena, writs, and garnishment documents are among the most popular documents served to entities offering services in the transportation and trucking industry.
A BOC-3 Agent and Registered Agent receives service of process and demand notices for entities, especially trucking and transportation companies and promptly relays them to the corporate entity they represent. Each jurisdiction has rules regarding the appropriate service of process upon a trucker or transportation entity, in care of its BOC-3 Agent or Registered Agent. Service upon a BOC-3 Agent or Registered Agent establishes jurisdiction of the court over the entity served and is an essential first step to your success.
LLC's, Inc., and Corporation are the most popular types of trucker and transportation entities in America and Listed Process Servers Serve Them for You.
If a Transportation or Trucking company operates with a BOC-3 Agent or a Registered Agent that fails to perform their function, it can have dire consequences for the business entity it represents.
For example, if a driver was hit by a transporter and sued the corporate owner of the vehicle, and the vehicles corporate BOC-3 Agent or Registered Agent failed to notify the business entity of a summons to appear in court to respond to the lawsuit, then when the case went to trial, nobody would appear to defend the transporter and the driver most likely will win by a default. Additionally, the transporter would likely not be able to get the default overturned on appeal because they had been properly served. This is one of the most common reasons that trucking, and transporter entities generally must utilize a BOC-3 Agent or Registered Agent.
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Wage Garnishments and Personal Injury Law Suits Are Among the Most Popular Documents Process Servers Serve Upon Registered Agents
What is a wage garnishment? If you have employees, this is the type of Service of Process you are most likely to receive. Federal law allows federal agencies to garnish the wages of individuals, for child support, tax liens, student loans, and consumer debt. Employers can be penalized for failing to comply with wage garnishment orders. For this reason, it is especially important to ensure you have a professional BOC-3 Registered Agent or a Registered Agent handling your Service of Process. Seven percent of US employees have their wages garnished, and if you receive a garnishment and fail to act in time, your business can be liable for the amount your employees owe.
What is a Personal Injury Lawsuit? If you are involved in an accident or any negative situation involving a trucker, carrier or broker in the transportation business, its the BOC-3 Agent who you will serve process upon. BOC-3 Agents are required to accept service on behalf of their clients and they are to report service promptly by sending the documents asap.
What is the Main Function of a BOC-3 Agent or Registered Agent?
The main function of a BOC-3 Agent or Registered Agent is to receive and forward important legal and tax correspondence on behalf of the corporation or LLC. Typical documents delivered to a BOC-3 Agent or Registered Agent are court documents, subpoenas, and time sensitive notifications.
What Does a BOC-3 Agent or Registered Agent Do?
Almost every state requires a corporation, Inc., or an LLC to have a BOC-3 Agent (sometimes called a resident agent, registered agent, statutory agent, or agent for service of process). The BOC-3 Registered Agent address is the address that will be used by attorneys for service of process. The BOC-3 Registered Agent address must be a physical state street address; P.O. Boxes are not acceptable.
The main function of the BOC-3 Agent or Registered Agent is to be available during normal business hours so that court documents and notifications may be delivered
A BOC-3 Agent or Registered Agent will make sure it's clients, i.e. the corporate entity you are serving, are informed about any paperwork received which needs immediate attention. Timely notification helps corporate entities avoid missing filing deadlines that could result judgments. We serve BOC-3 Registered Agents quickly and keep your case moving along. Without delay, everyday, Process Server activate service of process services and serve process as fast as reasonably possible.
What Are the benefits of serving process upon a BOC-3 Agent or Registered Agent?
A BOC-3 Agent or Registered Agent helps ensure your legal documents are received and responded to promptly. By being available all day on all workdays, your BOC-3 Agent or Registered Agent will not miss any critical mail deliveries. That gives you peace of mind because you will know important paperwork will not slip through the cracks. Having a BOC-3 Agent or Registered Agent provides some privacy to business owners. A BOC-3 Agent and Registered Agent name and address are public information. Rather use a business physical address going on the public record within the state, the BOC-3 Agent or Registered Agent information will appear there instead.
Legal documents must be delivered within the state borders of the state the proceedings are taking place. The BOC-3 Agent and Registered Agent is responsible for accepting subpoenas, government notices, annual compliance notices and service of process in the event of legal proceedings against the business. To ensure successful delivery of documents the BOC-3 Agent and Registered Agent must be available during standard business hours each day. The agent then has a duty to forward these documents to the business they are accepting delivery on behalf of.
In the interests of judicial fairness, a business entity is required under state law to appoint a single representative to accept these documents in each jurisdiction they are located. When a legal document is served on a business the BOC-3 Agent or Registered Agent accepts the document and then must forward it to the proper individuals. When first appointing a BOC-3 Registered Agent the procedure and means of forwarding documents between the BOC-3 Agent, Registered Agent and their client company will be agreed upon to avoid future delay or confusion. The BOC-3 Agent and Registered Agent role is important, especially when a company is located out of state.
Here are a few of the BOC-3 Agent or Registered Agent responsibilities to the legal profession:
The Model BOC-3 Registered Agents Act (MoRAA) is an effort spearheaded by the American Bar Association Business Law Section and the International Association of Commercial Administrators (IACA) – Business Organization Section (BOS) to standardize business entity laws as they relate to annual reports, BOC-3 Registered Agents and other laws and forms used to file business entities. The act also creates two distinct classes of BOC-3 Registered Agent: "commercial" and "non-commercial." The National Conference of Commissions on Uniform State Laws (NCCUSL) organized a drafting committee composed of commissions, ABA, and IACA representatives who drafted the act's language. NCCUSL adopted MoRAA at its annual meetings. Eleven US jurisdictions (Arkansas, District of Columbia, Idaho, Maine, Mississippi, Montana, Nevada, North Dakota, South Dakota, Utah, and Wyoming) have since adopted the model act, and Delaware did not adopt the act, but did adopt the "commercial BOC-3 Registered Agent" provision. The problem this effort seeks to alleviate is that disparate laws, filing requirements, and forms in all the US jurisdictions where business entities are filed creates a quagmire for any company seeking to register to do business in those jurisdictions. By adopting a common set of laws, the Model BOC-3 Registered Agents Act seeks to create a uniform and simple process of filing and maintaining a business entity in any jurisdiction adopting it.
Most Registered Agents are compliant and willingly accept service of process however, before doing so the BOC-3 Registered Agent must make sure the service presented is done so in a professional manner and in accordance with the BOC-3 Registered Agent policies. Most importantly, the BOC-3 Registered Agent concerns itself with the name of the entity and confirming same.
Can a BOC-3 Agent or a Registered Agent be served with a Subpoena?
YES! A subpoena may command a witness to testify at a deposition, appear at trial or to produce records, or make available for inspection, documents, and things. A subpoena that seeks documents from a witness may be combined with a subpoena seeking personal testimony at a deposition or trial. Alternatively, the requesting party may serve separate document subpoenas and testimonial subpoenas. Subpoenas are commonly used in civil litigation to obtain evidence from corporations and other entities who are not parties to a lawsuit. Any Process Server you find listed in our directory will serve the subpoena, without fail. Subpoena service is guaranteed as is your proof of service.
There has never been a time when an attorney, paralegal or law firm can depend upon one agent to handle all of its process serving services. The ServeARegisteredAgent.com directory developed a national network specializing in serving and delivering legal and urgent documents to Registered Agents in every city in America. Regardless where you need service of process or document delivery assistance, even in if the office is in a rural or remote location, we have a process server available to assist you.
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