2006 Ohio Revised Code - [1703.04.1] 1703.041.Designated agent.

[§ 1703.04.1] § 1703.041. Designated agent.
 

(A)  Every foreign corporation for profit that is licensed to transact business in this state, and every foreign nonprofit corporation that is licensed to exercise its corporate privileges in this state, shall have and maintain an agent, sometimes referred to as the "designated agent," upon whom process against the corporation may be served within this state. The agent may be a natural person who is a resident of this state, or may be a domestic corporation for profit or a foreign corporation for profit holding a license under the laws of this state that is authorized by its articles of incorporation to act as an agent and that has a business address in this state. 

(B)  The written appointment of a designated agent shall set forth the name and address of the agent, including the street and number or other particular description, and shall otherwise be in such form as the secretary of state prescribes. The secretary of state shall keep a record of the names of such foreign corporations and the names and addresses of their respective agents. 

(C)  If the designated agent dies, removes from the state, or resigns, the foreign corporation shall forthwith appoint another agent and file in the office of the secretary of state, on a form prescribed by the secretary of state, a written appointment of the new agent. 

(D)  If the designated agent changes the agent's address from that appearing upon the record in the office of the secretary of state, the foreign corporation or the designated agent in its behalf shall forthwith file with the secretary of state, on a form prescribed by the secretary of state, a written statement setting forth the agent's new address. 

(E)  A designated agent may resign by filing with the secretary of state, on a form prescribed by the secretary of state, a signed statement to that effect. The secretary of state shall forthwith mail a copy of the statement to the foreign corporation at its principal office as shown by the record in the secretary of state's office. Upon the expiration of sixty days after the filing, the authority of the agent shall terminate. 

(F)  A foreign corporation may revoke the appointment of a designated agent by filing with the secretary of state, on a form prescribed by the secretary of state, a written appointment of another agent and a statement that the appointment of the former agent is revoked. 

(G)  Process may be served upon a foreign corporation by delivering a copy of it to its designated agent, if a natural person, or by delivering a copy of it at the address of its agent in this state, as the address appears upon the record in the office of the secretary of state. 

(H)  This section does not limit or affect the right to serve process upon a foreign corporation in any other manner permitted by law. 

(I)  Every foreign corporation for profit shall state in each annual report filed by it with the department of taxation the name and address of its designated agent in this state. 
 

HISTORY: 126 v 432 (529), § 3 (Eff 10-11-55); 137 v H 297 (Eff 10-20-78); 146 v H 495 (Eff 10-4-96); 147 v H 579 (Eff 7-29-98); 149 v H 94. Eff 6-6-2001.
 

The effective date is set by section 206 of HB 94. 

 

19xx Committee Report or Comment.
 

1955 COMMITTEE COMMENT

The foregoing is a new section to constitute a part of Chapter 1703. relating to foreign corporations, to enable foreign corporations to designate either a natural person or a corporation as their statutory agent. The reasons for such provision are the same as in the case of domestic corporations, as discussed in the comment relating to proposed new Sec. 1701.07 above. 

This section is to replace Sec. 1703.18. 

The adoption of this section requires amendments to Secs. 1703.01, 1703.04, and 1703.27, so as to bring these sections into harmony with proposed new Sec. 1703.045 [1703.04.5]. [This section number was changed to 1703.04.1.]