What is an agent of service of process?

An agent for service of process is often called a “registered agent.” The agent for service of process is a business or individual designated to receive service of process, such as legal documents, when a business entity is a party in a legal action, such as a lawsuit or summons, and official government communications, such as franchise tax bills.

When a document is received by a company’s agent for service of process, it is as if the company had received the document directly. In other words, since the corporation is not a natural person, the law provides that if a document is delivered to the agent of service of process, it is deemed to have been received by the corporation.

Before you form a corporation, a limited liability company, or a limited partnership, you will need to choose an agent for service of process. For example, if a founder based in New York establishes a Delaware corporation, Delaware law requires an agent of service of process to be located in Delaware. The new company will likely also need to qualify to do business in New York, and as part of that qualification, New York law will require an agent of service of process. There are service providers who perform these functions for an annual fee.

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