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“In addition to the methods described below, service on a domestic or foreign corporation may be effected by any method of service specified in Code Civ. Proc. § 413.10 and by any method provided by the Code, of Civil Procedure. [Judicial Council Comment to Code Civ. Proc., § 416.10; Corp. Code, §§ 1700, 2110.1] Persons who may be served on behalf of a corporation include the president or other head of the corporation, a vice president, a secretary or assistant secretary, a treasurer or assistant treasurer, a general manager or a person authorized by the corporation to receive service of process. [Code Civ. Proc. § 416.10, subd. (b); see also Corp. Code, § 312, subd. (a) regarding designation of officers of corporation]

If the corporation is a bank, service may also be made on a cashier or assistant cashier. [Code Civ. Proc., § 416.10, subd. (c)] The provisions of Code Civ. Proc. § 416.10 apply to both domestic and foreign corporations. A domestic corporation that has been suspended by the Secretary of State for failure to file appropriate tax returns, and has no designated agent for service of process, but continues to operate as an ongoing business during the period of suspension, may be validly served pursuant to Code Civ. Proc. § 416.10 as well as Code Civ. Proc. § 416.20, and service may be made on the manager of a regional office. [Gibble v. Car-Lene Research, Inc., 67 Cal. App. 4th 295, 78, 78 Cal. Rptr. 2d 892 (1st Dist. 1998)]

Summons may also be served on a corporation by delivering a copy of the summons and complaint to the person designated as the agent for service of process as provided by Corp. Code § 202 (requiring name and address of agent in articles of incorporation), Corp. Code, § 1502 (requiring annual statement), or Corp. Code §§ 2105, 2107 (requiring that foreign corporation obtain Certificate of Qualification). [Code Civ. Proc. § 416.10, subd. (a)] Similarly, service on a corporation may be made when and in the manner authorized by any provision of Corp. Code, § 1701 (service on Secretary of State; for discussion); Corp. Code, § 1702 (hand delivery to designated agent), as well as any provision of Corp. Code, §§ 2110 and 2111. [Code Civ. Proc. § 416.10, subd. (d)]

The Corporations Code, specifies the agents of a foreign corporation who may properly be served on its behalf, including any officer of the corporation or its general manager in California, or a cashier or assistant cashier if the corporation is a bank. In addition, service may be on any natural person designated by the foreign corporation as its agent for service of process. If the corporation has designated a corporate agent, any person named in the latest certificate of that corporate agent filed under Corp. Code, § 1505 may be served on behalf of the corporation. [Corp. Code, § 2110; for rules regarding Certificate of Qualification]

If a foreign corporation is transacting intrastate business in California without having obtained a valid Certificate of Qualification as required under Corp. Code, § 2105, subd. (a), service may be made by personal delivery to any officer or general manager in California or by service upon the Secretary of State. [Corp. Code, §§ 2110, 2111; for rules regarding service on Secretary of State applicable to all corporations]”

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

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Post Author: lawofficesofjamesrdickinson