In the most common type of agent representation, a jurisdiction requires an entity to appoint a registered agent in its formation or qualification documents filed with the secretary of state (or equivalent office). In the second type of agent representation, a governmental agency, such as a state insurance or contractor’s board, requires an entity to appoint a registered agent in connection with registration or licensing procedures. This appointment is separate from, or in addition to, the appointment with the secretary of state.
A third, less common type of representation is the appointment of agent for service of process in connection with a special agreement. Examples of special agreements include loan/credit agreements, guaranties, leases, and employment contracts. Special agreements include the requirement to appoint a process agent in a particular jurisdiction as well as identify such agent and its address. Many special agreements include foreign parties. Requiring a local agent for service of process ensures that a U.S.-based party can serve a foreign party in the U.S. in the event of default or breach.
Special agreement representation requires a written appointment between the entity requiring representation and Capitol Services. We can help you navigate the requirements under your special agreement and provide a lender acceptance letter when necessary. For more information about special agreement representation, or any other type of agent representation, please contact our Registered Agent department.