Whom Do You Serve (Part 2)?

Allen Matkins
Contact

The point of last Friday's post is that Section 1502 of the California Corporations Code does not apply to foreign limited liability companies.  That statute requires a "corporation", as defined in Section 162, to file a statement with the Secretary of State that, among other things, designates "as the agent of the corporation for the purpose of service of process, a natural person residing in this state or a corporation that has complied with Section 1505 and whose capacity to act as an agent has not terminated".  

Corporations Code Section 17701.16 governs service of process against a "limited liability company", as defined in Section 17701.02(k), or a "foreign limited liability company", as defined in Section 17701.02(j).  Under this statute, valid service may be effected by "delivery (1) to any individual designated by it as agent, or (2) if the designated agent is a corporation, to any person named in the latest certificate of the corporate agent filed pursuant to Section 1505 at the office of the corporate agent".  

Is personal service tantamount to slavery?

The word "service" is derived from the Latin word servus, meaning a slave.  Ancient Rome operated on a slave economy:

"But there still remained, in the centre of every province and of every family, an unhappy condition of men who endured the weight, without sharing the benefits, of society.  In the free states of antiquity the domestic slaves were exposed to the wanton rigour of despotism."

Edward Gibbon, The History of the Decline and Fall of the Roman EmpireCh. 2.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Allen Matkins | Attorney Advertising

Written by:

Allen Matkins
Contact
more
less

PUBLISH YOUR CONTENT ON JD SUPRA NOW

  • Increased visibility
  • Actionable analytics
  • Ongoing guidance

Allen Matkins on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide