950 CMR, § 110.04

Current through Register 1536, December 6, 2024
Section 110.04 - Service On Foreign Corporation

Service of legal process in all judicial and administrative proceedings against a foreign corporation doing business in the Commonwealth shall be made by an officer authorized to serve legal process upon the Division. Service of legal process may be made upon the Division against a foreign corporation no longer doing business in the Commonwealth if the proceeding involves a liability alleged to have been incurred by the foreign corporation while it was doing business in the Commonwealth. If the foreign corporation has designated a resident agent in its most recent certificate filed with the Division then service of process shall not be deemed to have been completed until the resident agent has received the service of process from the Division, unless the resident agent cannot be found at the designated address or unless the resident agent refuses to act as such.

When legal process is served upon the Division by an officer authorized to serve such process, the Division shall take the following steps pursuant to M.G.L. c. 181, § 15:

(1) Notice of such service and a copy of the legal process shall be sent to the foreign corporation by regular mail;
(2) A fee of five dollars shall be paid to the Division and an additional fee of five dollars shall be paid to the Division in order to receive a certificate from the Division indicating compliance with the law;
(3) The Division shall keep a record of all such process which shall show the day and hour of service.

In the event that the foreign corporation is not registered to do business in the Commonwealth and the plaintiff or his attorney has not furnished the address of the foreign corporation, the Division shall return the notice and copies of the process to the plaintiff or his attorney.

950 CMR, § 110.04