When a corporation ceases to exist or its operations are terminated, problems about process service may arise. Can legal papers be served on the representatives of a defunct entity? The specifics can differ based on the legislation in the state where the entity functioned.

An entity’s termination owing to insolvency, business failure, or owner death typically does not protect the business from legal action.

Registered agents of that business may still be eligible to receive legal paperwork, depending on the state in where the business is located. Even if the corporation has been dissolved, the registered agent still owes this to it and not to any of the individuals that made up the organization.

Generally, a registered agent can be served unless their contract states otherwise, such as when the entity they represent terminates. We can also serve process on the president, vice president, trustees, general managers, directors, or any official representatives of the entity when it was terminated if the registered agent is unable to be served.

We might be able to serve the Secretary of State if the registered agent is nowhere to be found. Every state has its own regulations, which we review before to sending anything to the Secretary of State. For example, it has to be a New York activity in order to serve the New York Secretary of State. If not, we must locate another service route.