How to Serve a Business Legal Documents

Serving a Business

When you need to deliver legal documents to a company, the process is different from serving an individual. Businesses have designated representatives and legal rules that determine how they can be served. Understanding these rules ensures that your service of process is valid, enforceable, and keeps your case on track.

Most states require that businesses designate an agent for service of process—sometimes called a registered agent. This person or company is officially authorized to receive legal papers on behalf of the business.

If a business has not appointed an agent, or if the agent cannot be located, documents may be served on:

• An officer (such as the CEO, CFO, or president)
• A managing member or partner (for LLCs or partnerships)
• A director or manager authorized to receive service

Knowing who is legally allowed to accept documents is critical. If papers are handed to the wrong individual, the service could be challenged and delayed.

Methods of Serving a Business

The exact methods vary by state, but the most common options include:

1. Personal Service
   Delivering documents directly to the registered agent, officer, or other authorized representative. This is the most reliable and widely accepted method.
2. Substituted Service
   Leaving documents with another responsible individual at the company’s office if the agent or officer cannot be found—often followed by mailing a copy.
3. Certified Mail
   Some jurisdictions allow service by certified mail, usually to the business’s registered agent or principal office address.
4. State Agency Delivery
   If a company has failed to maintain a registered agent, service may be completed through a designated state agency, such as the Secretary of State.

Serving a business can be more complex than it looks. Common challenges include:

• Incorrect registered agent information
• Business operating under a trade name (DBA) that differs from its legal entity name
• Multi-office corporations where staff members aren't sure who can accept service
• Evasive businesses that avoid receiving documents

Any of these can put your case at risk. To navigate common challenges effectively and make your next serve seamless, explore our guide to Serving Business Entities.

Professional process servers understand the legal requirements and nuances of serving different types of entities, including corporations, LLCs, and partnerships. Their expertise includes:

• Confirming the correct registered agent or business office
• Ensuring service complies with state laws
• Providing proof of service (affidavit or return of service) that holds up in court
• Saving time by handling evasive or difficult recipients