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In many cases owners are required to send certain requests by certified
mail. But be careful, neither board members nor management are by law
required to accept certified mail. Owners often get their letters back
from the post office after 30 days, saying that the recipient didn’t
sign for the mail.
That’s why it is important that any legal demand is sent by certified
mail (return receipt requested) to the registered agent. The REGISTERED
AGENT of your association is listed on the Annual Business Report (ABR).
In order to find the ABR of your association please go to:
FLORIDA DIVISION OF CORPORATIONS – SEARCH FOR:
Type in the name of your association and you find the latest filed ABR
that will tell you the name of the Registered Agent and the Mailing
Address.
The Registered Agent is required to accept any legal service – see as
well the statutes regulating registered agents:
FS 607.0501.
It’s a little complicated, but it’s better than getting your letter back
30 days later -- meaning you have wasted minimum 30 days!
But what happens if even the
REGISTERED
AGENT REFUSES SERVICE? Read below a more detailed description
explaining what could happen in this case.
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FS 607.0501 Registered office and registered agent.—
(1) Each corporation shall designate and continuously maintain
in this state:
(a) A registered office, which may be the same as its place of
business in this state; and
(b) A registered agent, which must be:
1. An individual who resides in this state whose business
address is identical to the address of the registered office;
2. Another domestic entity that is an authorized entity and
whose business address is identical to the address of the
registered office; or
3. A foreign entity authorized to transact business in this
state which is an authorized entity and whose business address
is identical to the address of the registered office.
(2) This section does not apply to corporations which are
required by law to designate the Chief Financial Officer as
their attorney for the service of process, associations subject
to the provisions of chapter 665, and banks and trust companies
subject to the provisions of the financial institutions codes.
(3) Each initial registered agent, and each successor registered
agent that is appointed, shall file a statement in writing with
the department, in the form and manner prescribed by the
department, accepting the appointment as registered agent while
simultaneously being designated as the registered agent. The
statement of acceptance must provide that the registered agent
is familiar with, and accepts, the obligations of that position.
(4) The duties of a registered agent are:
(a) To forward to the corporation at the address most recently
supplied to the registered agent by the corporation, a process,
notice, or demand pertaining to the corporation which is served
on or received by the registered agent; and
(b) If the registered agent resigns, to provide the notice
required under s. 607.0503 to the corporation at the address
most recently supplied to the registered agent by the
corporation.
(5) The department shall maintain an accurate record of the
registered agent and registered office for service of process
and shall promptly furnish any information disclosed thereby
upon request and payment of the required fee.
(6) A corporation may not prosecute or maintain an action in a
court in this state until the corporation complies with this
section, pays to the department any amounts required under this
chapter, and, to the extent ordered by a court of competent
jurisdiction, pays to the department a penalty of $5 for each
day it has failed to so comply or $500, whichever is less.
(7) A court may stay a proceeding commenced by a corporation
until the corporation complies with this section. |
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What
Happens If Service of Process Is Refused?
If a
registered agent refuses personal service, then one of two
things can happen.
If an authorized person, like a registered agent, is hostile or
violent towards a process server, refuses to accept the service
of process or makes a run for it, then the process server has
the right to set the legal papers down at their feet and walk
away. This is considered valid service in many states and is
called “drop service.”
Basically, the process server has the legal right to get the
last word in if a registered agent moves to refuse service of
process. Of course, this depends on the rules about serving
people in the state because drop service isn’t legal in some
places.
If your registered agent doesn’t receive service of process,
then it will start a process known as substituted service. If
your registered agent isn’t available at your business’s listed
street address or refuses the paperwork and personal service
isn’t an option, then the next step is for the process agent to
deliver the paperwork to another address.
This could mean that the process agent will deliver the process
to the home of the defendant, leave it with a family member or
spouse of the defendant, leave it posted in a public place (like
on the door of the courthouse), or send it to the governing
agency in your state (usually the Secretary of State).
If the latter occurs, then it’s pretty likely that your business
is in trouble. A lawsuit is now taking place against your
business, but you’re completely oblivious because you never
received the court papers. And if you’re not able to respond in
a timely manner, it’s possible that your company will have a
default judgment issued against it, which could be costly.
Another thing that process servers can do if a registered agent
can’t be served with reasonable diligence is send the notice via
certified mail to your home address, or your listed office or
business address.
If your agent for service of process neglects its duties, or if
you’re found to not have one in a state where you’re required to
have one, there could be serious legal and financial
consequences for your business.
The Secretary of State could revoke your company’s good
standing, which would immediately disqualify your company from
most business loans, prevent it from expanding to other states,
and even prevent it from conducting business at all.
If you own a limited liability company, the Secretary of State
could dissolve your company through administrative dissolution
as well.
What Is Service of Process?
In the United States, it’s illegal for someone to sue you and
hold legal proceedings without even informing you about them.
So, before a lawsuit can take place the defendant must receive
notice of the suit, which is called process.
The process of serving someone legal process is called service
of process. A service of process is a legal notification that
you or your company is being sued. Without proper service,
litigation can’t continue. In addition to initial complaints to
announce a lawsuit, a service of process may also include a
summons, subpoena, writ, and other document from a court. |
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