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330 N D St, Ste 542, San Bernardino, CA 92401

“The procedure for service of process provided in Corp. Code §§ 2100 et seq. is applicable to corporations that transacted intrastate business in California and then withdrew in any action brought in California and arising out of that business. [Corp. Code, § 2114, subd. (a)]

Similarly, if a foreign corporation that is qualified to transact intrastate business has its right to transact that business forfeited for tax violations under Rev. & Tax. Code §§ 23301 et seq., service of process may be effected in the manner provided in Corp. Code §§ 2110 and 2111 as if the right to transact business had not been forfeited. [Corp. Code, § 2114, subd. (c)]

If a foreign corporation has surrendered its right to transact intrastate business in California it may be served with process in an action on a liability or obligation incurred in California prior to the surrender by delivery of the process to the Secretary, or to his or her assistant or a deputy. No court order authorizing service on the Secretary is required. Process should be mailed to the address indicated in the Certificate of Surrender, or to the address of a surviving domestic corporation. [Corp. Code, § 2114, subd. (b)]

The fact that a corporation ceases to transact intrastate business without filing a Certificate of Surrender does not revoke the appointment of an agent for the service of process. [Corp. Code, § 2114, subd. (d)] However, it may operate to defeat a claim of general jurisdiction over the corporation. [Serafini v. Superior Court, 68 Cal. App. 4th 70, 80, 80 Cal. Rptr. 2d 159 (3d Dist. 1998)]”

[California Civil Practice Business Litigation [certain citations omitted]]

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Post Author: lawofficesofjamesrdickinson