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How to serve a Maryland business by way of the Department of Assessment and Taxation?

How to serve a Maryland business by way of the Department of Assessment and Taxation?

Serving legal documents to a business in Maryland can be a complex process, and it is essential to adhere to the correct procedures in order to guarantee the legal validity of your service. The Maryland Department of Assessments and Taxation (SDAT) is crucial in this process, especially in identifying and serving a business’s resident agent. This is a detailed guidance for process servers on the effective serving of a Maryland business, emphasizing the function of SDAT.

Why the Resident Agent of a corporation is important in Maryland?

All business entities registered in Maryland must designate a resident agent. This person or organization is appointed to accept legal documents, including serving of process, on behalf of the company. The resident agent guarantees the corporation receives critical notifications, including legal actions. A firm that fails to maintain a resident agent may forfeit its good standing status.

Under Maryland law, a resident agent may be an individual, a corporation, or a law firm, provided they possess a legal address in Maryland. The resident agent’s details are accessible to the public via SDAT. A resident agent is not required to be an employee, shareholder, partner, or member of the company.

Obtaining a business’s registered agent information

Prior to attempting service, it is essential to check on the SDAT’s website whether the firm is registered in Maryland. This information is accessible on the SDAT website via the Business Entity Search.

Use the Business Entity Search for the subsequent information:

  • The complete legal name of the business, including of any suffix such as LLC, Inc., or LP.
  • The name and address of the business’s registered agent.

Utilizing the official registered name of the business on all court documents is essential, as a business may operate under a trade name that differs from its legal designation. For example, a business named “John’s Hardware Store” may be registered as “Joseph Miller & Associates, Inc.”.

Serving a business through the resident agent

Maryland requires businesses to be served by their resident agent. As per the Maryland Rules of Civil Procedure, service is effectuated on a corporation, limited partnership, limited liability partnership, or limited liability business by delivering it to its resident agent. If a bona fide effort to serve the resident agent is unsuccessful, or if the entity lacks a resident agent, alternative options for service are detailed below.

The resident agent can be served through various methods, including:

  • Through the Sheriff: The local sheriff’s office is capable of serving the resident agent.

  • By Certified Mail: Documents may be sent to the resident agent using certified mail.

  • Though a Process Server: A process server is capable of serving the resident agent.

What occurs in the absence of a resident agent or if the service fails?

If a business does not have a resident agent, or if 2 bona fide attempts to serve the resident agent have been unsuccessful, the regulations permit substituted service on the SDAT. 2 copies of the summons, complaint, and other pertinent documents, accompanied by the requisite fee, should be delivered to SDAT. This is a measure of ultimate recourse when conventional ways of service have failed.

Why should you use a process server to serve corporations through SDAT in Maryland?

Here are some key reasons to use a professional process server to serve legal documents to businesses in Maryland:

  • Knowledge of Rules and Expertise: Professional process servers are well-versed in the specific rules and regulations that regulate the service of process in Maryland. They comprehend the specific requirements of various business entities, including corporations, LLCs, and partnerships, as well as the intricacies of serving them.

  • Accurate Identification of the Resident Agent: A process server is proficient in utilizing resources such as the SDAT to precisely identify the resident agent of a business. They comprehend the significance of utilizing the business’s complete legal name, which includes any suffixes such as “LLC” or “Inc.”, as well as the name and address of the resident agent as registered with SDAT.

  • Valid Service: The legal validity of a court action is contingent upon the proper service of process. A case may be dismissed if the service is not performed correctly, resulting in the squandering of time and resources. A professional process server guarantees that service is executed in accordance with the law, thereby mitigating the likelihood of unlawful service.

  • Preventing Delays: Delays are prevented by the expeditious completion of service by a process server, who helps to prevent any delays that may be caused by improper service. Attempting to serve a business without a comprehensive comprehension of the pertinent laws can result in delays, whereas a process server will complete the task in a correct and efficient manner.

  • Substituted Service Expertise: A professional process server will be aware of the appropriate procedures for substituted service upon the SDAT if the resident agent is impossible to locate or if two good faith attempts to serve the resident agent have failed.

  • Neutral Third Party: A professional process server is a neutral third party, which is crucial for preventing any conflict of interest issues during the service of legal documents.

  • Compliance with Court Rules: Process servers are well-versed in the rules and procedures of the court for service, and they are capable of managing all aspects of service, such as the completion of all necessary court forms and the accurate filing of evidence of service.

Hire LawServePro today to serve Businesses in Maryland!

Hiring a professional process server such as LawServePro provides the assurance that legal documents will be served as intended and in accordance with all relevant laws. This can result in the avoidance of legal complications, time, and money in the future.

Hiring LawServePro for delivering legal documents to a business through SDAT adds a layer of reliability and expertise to the process. Due to our familiarity with Maryland’s laws, we reduce the possibility of errors that could cause the service to be delayed or deemed invalid. LawServePro ensures that the documents are served in an efficient and lawful manner. By hiring professional process server, you can focus on your lawsuit without having to worry about the intricacies of serving a business in Maryland, giving you peace of mind.

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Here at LawServePro, it’s our number one priority to make your job easier. Whether you need legal documents served, a foreign subpoena domesticated, or court documents retrieved, our expert team of professionals are ready to help. Call today for a free quote!

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