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This entry was published on 2021-04-23
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SECTION 304
Statutory designation of secretary of state as agent for service of process
Business Corporation (BSC) CHAPTER 4, ARTICLE 3
§ 304. Statutory designation of secretary of state as agent for
service of process.

(a) The secretary of state shall be the agent of every domestic
corporation and every authorized foreign corporation upon whom process
against the corporation may be served.

(b) No domestic or foreign corporation may be formed or authorized to
do business in this state under this chapter unless in its certificate
of incorporation or application for authority it designates the
secretary of state as such agent.

(c) Any designation by a domestic or a foreign corporation of the
secretary of state as such agent, which designation is in effect on the
effective date of this chapter, shall continue. Every domestic or
foreign corporation, existing or authorized on the effective date of
this chapter, which has not designated the secretary of state as such
agent, shall be deemed to have done so. Any designation prior to the
effective date of this chapter by a foreign corporation of an agent
other than the secretary of state shall terminate on the effective date
of this chapter.

* (d) Any designated post-office address to which the secretary of
state shall mail a copy of process served upon him as agent of a
domestic corporation or a foreign corporation, shall continue until the
filing of a certificate under this chapter directing the mailing to a
different post-office address.

* NB Effective until January 1, 2023

* (d) Any designated post office address to which the secretary of
state shall mail a copy of process served upon him or her as agent of a
domestic corporation or a foreign corporation, shall continue until the
filing of a certificate or other instrument under this chapter directing
the mailing to a different post office address and any designated email
address to which the secretary of state shall email notice of the fact
that process has been electronically served upon him or her as agent of
a domestic corporation or foreign corporation shall continue until the
filing of a certificate or other instrument under this chapter changing
or deleting the email address.

* NB Effective January 1, 2023