Receiving and Accepting Service of Process on Behalf of a Business Entity

What does receiving and accepting service of process entail?

Receiving and accepting service of process involves having a designated registered agent responsible for handling legal documents on behalf of a business entity. In Florida, as per the Florida Statutes § 48.091, registered agents serve as the official point of contact for receiving legal documents, including lawsuits, subpoenas, and other official correspondence.

One example of receiving and accepting service of process is when a registered agent receives a summons and complaint on behalf of the business entity. In this case, the registered agent must promptly notify the entity and forward the documents to the appropriate person within the organization.

Another example is when a registered agent receives a business records or testimony subpoena. In this scenario, the registered agent must ensure proper service of the subpoena on the entity and that the entity complies with the subpoena’s requirements promptly.

Need help regarding Florida registered agent services? Schedule your consultation today with a top registered agent attorney.

Which laws and regulations apply to registered agents and registered offices in Florida?

Florida laws and regulations governing registered agents and offices are primarily in the Florida Statutes Chapter 607 for corporations and Chapter 605 for limited liability companies (LLCs). Specifically, Section 607.0501 and Section 605.0113 outline the requirements and responsibilities of registered agents for corporations and LLCs, respectively.

These statutes mandate that every Florida corporation and LLC must have a registered agent with a physical street address in the state. The registered agent must be a Florida resident, a domestic or foreign corporation, or a foreign LLC authorized to transact business in the state. In addition, the registered agent must be available at the registered office during regular business hours to receive service of process and other official state communications.

What are the strategic benefits of receiving and accepting service of process?

Businesses may benefit in the following ways::

• Compliance with legal requirements: Under the above statutes, designating a registered agent and registered office is a mandatory requirement. Failure to do so may result in penalties and administrative dissolution of the entity.
• Centralization of legal communications: Having a designated registered agent and office ensures that all legal documents, such as lawsuits and subpoenas, are received and handled in a consistent and organized manner, reducing the risk of miscommunication or missed deadlines.
• Privacy and professionalism: A registered agent’s address is publicly available, which can help protect the privacy of business owners by keeping their personal addresses off public records. Additionally, having a professional registered agent helps maintain a positive image for the business entity.
• Timely handling of legal matters: A registered agent is responsible for promptly receiving and forwarding legal documents to the appropriate parties within the entity, ensuring efficient assessment of critical legal matters, and minimizing the risk of default judgments or other negative consequences.
• Peace of mind: Knowing that a professional registered agent is handling legal correspondence on behalf of the entity provides business owners with peace of mind, allowing them to focus on running their businesses.
• Maintaining good standing: Ensuring that the registered agent and registered office information is up-to-date on all Florida Secretary of State filings helps maintain the entity’s good standing with the state, which is essential for securing financing, entering into contracts, and attracting investors.

When a client requires registered agent and office services, there are many paths they may take. We are value-based attorneys at Jimerson Birr, which means we look at each action with our clients from the point of view of costs and benefits while reducing liability. Then, based on our client’s objectives, we chart a path to seek efficient, cost-effective solutions.

To determine how your unique business situation will benefit from these services, please contact our office to schedule your initial consultation.

What steps should registered agents take to receive and accept service of process effectively?  

Registered agents should consider the following:

• Designate a physical address: According to Florida Statutes § 48.091, a registered agent must have a physical address in Florida to receive legal documents. This address, the registered office, must be included in the entity’s filings with the Florida Secretary of State.
• Be available during regular business hours: Registered agents must be available at the registered office during regular business hours to accept service of process and other legal documents on behalf of the entity.
• Notify the entity promptly: Once the registered agent receives legal documents, they must promptly notify the appropriate individuals within the entity and forward the documents to them.
• Keep accurate records: Registered agents should maintain correct records of all legal documents received, including the date of receipt and the method of forwarding the documents to the entity. Accurate records help the entity stay organized and ensure the timely handling of legal matters.
• Update contact information: Registered agents must notify the Florida Secretary of State of any changes in their contact information, including the registered office address, by filing the appropriate forms. Timely updates help maintain the entity’s good standing with the state.

Please contact our office to set up your initial consultation to see what actions or defenses may be available for your unique situation.

Frequently Asked Questions

1. Can a business entity serve as its own registered agent?

Yes, a business entity can serve as its own registered agent, provided that it has a physical address in Florida and meets the requirements outlined in Florida Statutes § 48.091.

2. What happens if a registered agent fails to accept the service of process?

Suppose a registered agent fails to accept service of process. In that case, the entity may risk default judgments, penalties, or even administrative dissolution, depending on the nature of the legal documents involved.

3. Can a business entity change its registered agent?

Yes, a business entity can change its registered agent by filing the appropriate forms with the Florida Secretary of State and providing the updated information for the new registered agent.

4. Are there any restrictions on who can be a registered agent?

A registered agent must be a resident of Florida or a business entity authorized to transact business in the state. The registered agent must also have a physical address in Florida, as required by Florida Statutes § 48.091.

5. How can a business entity verify the information of its registered agent with the Florida Secretary of State?

A business entity can verify its registered agent information by searching the Florida Secretary of State’s Sunbiz website.

Have more questions about Florida registered agent and office services?

Crucially, this overview of receiving and accepting service of process does not begin to cover all the laws implicated by this issue or the factors that may compel the application of such laws. Every case is unique, and the laws can produce different outcomes depending on the individual circumstances.

Jimerson Birr attorneys guide our clients to help make informed decisions while ensuring their rights are respected and protected. Our lawyers are highly trained and experienced in the nuances of the law, so they can accurately interpret statutes and case law and holistically prepare individuals or companies for their legal endeavors. Through this intense personal investment and advocacy, our lawyers will help resolve the issue’s complicated legal problems efficiently and effectively.

Having a Jimerson Birr attorney on your side means securing a team of seasoned, multi-dimensional, cross-functional legal professionals. Whether it is a transaction, an operational issue, a regulatory challenge, or a contested legal predicament that may require court intervention, we remain tireless advocates at every step. Being a value-added law firm means putting the client at the forefront of everything we do. We use our experience to help our clients navigate even the most complex problems and come out the other side triumphant.

If you want to understand your case, the merits of your claim or defense, potential monetary awards, or the amount of exposure you face, you should speak with a qualified Jimerson Birr lawyer. Our experienced team of attorneys is here to help. Call Jimerson Birr at (904) 389-0050 or use the contact form to schedule a consultation.