Service to Business Entities Texas Business Organizations Code Page 12.

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Presentation transcript:

Service to Business Entities Texas Business Organizations Code Page 12

Business Organizations Code This Code codified several Acts into one easily understood law. The following sections relate to the service of process to business entities of all classifications.

Sec Designation & Maintenance of Registered Agent Must designate: – Registered Agent – Registered agent may be; An individual An organization

Sec Designation & Maintenance of Registered Agent Must designate: – Registered Office – Registered office must be; Located at a street address where process may be served May not be solely a mailbox service or telephone answering service.

Section Service on Secretary of State Page 12

Service to Secretary of State Civil Practices and Remedies Code § (a)In an action in which citation may be served on the secretary of state, service may be made by certified mail, return receipt requested, by the clerk of the court in which the case is pending or by the party or the representative of the party. (b) The method of service of citation provided by this section is in addition to any other method authorized by statute or the Texas Rules of Civil Procedure for service on the secretary of state.

Service to a Corporation (Domestic and Foreign) Section Designates the president, all vice presidents and the registered agent as agents for service.

Attempts to serve the registered agent must be made at the registered address.

(c) 2004 Ed WaynickService to a corporation9 Reminders: You may serve only the – Registered Agent – The President – A Vice-president – You may serve any of the above at any location where you may find them You must attempt the service at the registered address.

(c) 2004 Ed WaynickService to a corporation10 Service to a Corporation: Is not made pursuant to Rule 106! Houston’s Wild West vs. Salinas

Insurance Code Rule Service is made by: (1) Serving the President, any active vice-president, or attorney in fact at the office or principal place of business, or Service to Insurance Companies

(2) Leaving a copy of the process at the home office or principal place of business of the carrier during business hours. Service to Insurance Companies

Service to Financial Institutions Finance Code Claims against a customer: – Served at the address designated as the address of the registered agent.

Finance Code Sec Appointment of Agent for Service of Process. A TX financial institution may file with the SOLS a statement appointing an agent authorized to receive service of process.