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SERVICE OF LEGAL PROCESS ON A CA CORPORATION
CIVIL PROCEDURE SECTION 416.10-416.90
416.10. A summons may be served on a corporation by delivering a
copy of the summons and the complaint by any of the following
methods:
(a) To the person designated as agent for service of process as
provided by any provision in Section 202, 1502, 2105, or 2107 of the
Corporations Code (or Sections 3301 to 3303, inclusive, or Sections
6500 to 6504, inclusive, of the Corporations Code, as in effect on
December 31, 1976, with respect to corporations to which they remain
applicable).
(b) To the president, chief executive officer, or other head of
the corporation, a vice president, a secretary or assistant
secretary, a treasurer or assistant treasurer, a controller or chief
financial officer, a general manager, or a person authorized by the
corporation to receive service of process.
(c) If the corporation is a bank, to a cashier or assistant
cashier or to a person specified in subdivision (a) or (b).
(d) If authorized by any provision in Section 1701, 1702, 2110, or
2111 of the Corporations Code (or Sections 3301 to 3303, inclusive,
or Sections 6500 to 6504, inclusive, of the Corporations Code, as in
effect on December 31, 1976, with respect to corporations to which
they remain applicable), as provided by that provision.the person
designated as agent for service of process in a statement
416.20. A summons may be served on a corporation that has forfeited
its charter or right to do business, or has dissolved, by delivering
a copy of the summons and of the complaint:
(a) To a person who is a trustee of the corporation and of its
stockholders or members; or
(b) When authorized by any provision in Sections 2011 or 2114 of
the Corporations Code (or Sections 3301 to 3303, inclusive, or
Sections 6500 to 6504, inclusive, of the Corporations Code as in
effect on December 31, 1976, with respect to corporations to which
they remain applicable), as provided by such provision.
416.30. A summons may be served on a joint stock company or
association by delivering a copy of the summons and of the complaint
as provided by Section 416.10 or 416.20.
416.40. A summons may be served on an unincorporated association
(including a partnership) by delivering a copy of the summons and of
the complaint:
(a) If the association is a general or limited partnership, to the
person designated as agent for service of process in a statement
filed with the Secretary of State or to a general partner or the
general manager of the partnership;
(b) If the association is not a general or limited partnership, to
filed with the Secretary of State or to the president or other head
of the association, a vice president, a secretary or assistant
secretary, a treasurer or assistant treasurer, a general manager, or
a person authorized by the association to receive service of process;
(c) When authorized by Section 18220 of the Corporations Code, as
provided by that section.
416.50. (a) A summons may be served on a public entity by
delivering a copy of the summons and of the complaint to the clerk,
secretary, president, presiding officer, or other head of its
governing body.
(b) As used in this section, "public entity" includes the state
and any office, department, division, bureau, board, commission, or
agency of the state, the Regents of the University of California, a
county, city, district, public authority, public agency, and any
other political subdivision or public corporation in this state.
416.60. A summons may be served on a minor by delivering a copy of
the summons and of the complaint to his parent, guardian,
conservator, or similar fiduciary, or, if no such person can be found
with reasonable diligence, to any person having the care or control
of such minor or with whom he resides or by whom he is employed, and
to the minor if he is at least 12 years of age.
416.70. A summons may be served on a person (other than a minor)
for whom a guardian, conservator, or similar fiduciary has been
appointed by delivering a copy of the summons and of the complaint to
his guardian, conservator, or similar fiduciary and to such person,
but, for good cause shown, the court in which the action is pending
may dispense with delivery to such person.
416.80. When authorized by Section 12 of the Elections Code, a
summons may be served as provided by that section.
416.90. A summons may be served on a person not otherwise specified
in this article by delivering a copy of the summons and of the
complaint to such person or to a person authorized by him to receive
service of process.
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CORPORATIONS CODE
SECTION 1700-1702
1700. In addition to the provisions of Chapter 4 (commencing with
Section 413. 10) of Title 5 of Part 2 of the Code of Civil Procedure,
process may be served upon domestic corporations as provided in this
chapter.
1701. Delivery by hand of a copy of any process against the
corporation (a) to any natural person designated by it as agent or
(b), if a corporate agent has been designated, to any person named in
the latest certificate of the corporate agent filed pursuant to
Section 1505 at the office of such corporate agent shall constitute
valid service on the corporation.
1702. (a) If an agent for the purpose of service of process has
resigned and has not been replaced or if the agent designated cannot
with reasonable diligence be found at the address designated for
personally delivering the process, or if no agent has been
designated, and it is shown by affidavit to the satisfaction of the
court that process against a domestic corporation cannot be served
with reasonable diligence upon the designated agent by hand in the
manner provided in Section 415.10, subdivision (a) of Section 415.20
or subdivision (a) of Section 415.30 of the Code of Civil Procedure
or upon the corporation in the manner provided in subdivision (a),
(b) or (c) of Section 416.10 or subdivision (a) of Section 416.20 of
the Code of Civil Procedure, the court may make an order that the
service be made upon the corporation by delivering by hand to the
Secretary of State, or to any person employed in the Secretary of
State's office in the capacity of assistant or deputy, one copy of
the process for each defendant to be served, together with a copy of
the order authorizing such service. Service in this manner is deemed
complete on the 10th day after delivery of the process to the
Secretary of State.
(b) Upon the receipt of any such copy of process and the fee
therefor, the Secretary of State shall give notice of the service of
the process to the corporation at its principal executive office, by
forwarding to such office, by registered mail with request for return
receipt, the copy of the process or, if the records of the Secretary
of State do not disclose an address for its principal executive
office, by forwarding such copy in the same manner to the last
designated agent for service of process who has not resigned. If the
agent for service of process has resigned and has not been replaced
and the records of the Secretary of State do not disclose an address
for its principal executive office, no action need be taken by the
Secretary of State.
(c) The Secretary of State shall keep a record of all process
served upon the Secretary of State under this chapter and shall
record therein the time of service and the Secretary of State's
action with reference thereto. The certificate of the Secretary of
State, under the Secretary of State's official seal, certifying to
the receipt of process, the giving of notice thereof to the
corporation and the forwarding of such process pursuant to this
section, shall be competent and prima facie evidence of the matters
stated therein.
(d) The court order pursuant to subdivision (a) that service of
process be made upon the corporation by delivery to the Secretary of
State may be a court order of a court of another state, or of any
federal court if the suit, action, or proceeding has been filed in
that court.
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