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HOW TO SERVE LEGAL PAPERS ON GOOGLE

Google

Undisputed Legal | California Process Service

Google has established itself as a cornerstone of the internet, almost becoming synonymous with the Web as its popularity has grown. Google LLC is a U.S. multinational business specialized in services and goods linked to the Internet including online advertising, search engines, cloud computing, software, and hardware. It is regarded as one of the four major technological firms, along with Amazon, Facebook, and Apple.

The company was started by Larry Page and Sergey Brin in September 1998 while they were doctoral students at Stanford University in California. The business was announced in 2004 via an initial public offering (IPO). In 2015, Google was restructured as an Alphabet Inc. wholly-owned subsidiary. 

[1.0] BACKGROUND

Google is the biggest subsidiary of Alphabet and a holding company for the Internet assets and interests of Alphabet. On 24 October 2015, Sundar Pichai was named CEO of Google, succeeding Alphabet CEO Larry Page. Pichai was also appointed CEO of Alphabet on 3 December 2019.

In 2021, the Alphabet Workers Union was established, consisting primarily of Google staff. In June 2013, Google acquired Waze, a nine hundred million dollar deal. While Waze would remain an independent entity, its social features, such as its crowdsourced location platform, were reportedly valuable integrations between Waze and Google Maps, Google’s own mapping service.

On January 26, 2014, Google announced it had agreed to acquire DeepMind Technologies, a privately-held artificial intelligence company from London. A Google spokesman would not comment on the price. The purchase of DeepMind aids in Google’s recent growth in the artificial intelligence and robotics community. On August 10, 2015, Google announced plans to reorganize its various interests as a conglomerate named Alphabet Inc. Google became Alphabet’s largest subsidiary and the umbrella company for Alphabet’s Internet interests. Upon completion of the restructuring, Sundar Pichai became CEO of Google, replacing Larry Page, who became CEO of Alphabet.

As a business has been fast-growing, products, acquisitions, and collaborations outside Google’s core search engine have been added (Google Search). The company offers work services and productivity (Google Docs, Google Sheets, and Google Slides), email (Gmail), scheduling and time management(Google Calendar), Cloud storage (Google Drive); Instant Messaging and Video Chat (Google Duo, Google Chat and Google Meet), Language Translation (Google Translate), Google Maps, Google Earth and Street View (Google Maps), podcasting and navigation (Google Photos). The firm is responsible for developing the Android mobile operating system, the Google Chrome web browser, and the Chrome OS (a lightweight, proprietary operating system based on the free and open-source Chromium OS operating system). 

Google has increasingly moved into hardware, partnered with the largest manufacturers of electronics in the production of its Google Nexus devices between 2010 and 2015, and released several hardware products in 2016, including the Google Pixel smartphone line, a Google Home smartphone, and a Google Wifi mesh wireless router. 

Google.com is the world’s most viewed website. Several other Google-owned websites, like YouTube and Blogger, are also on the list of most popular websites. Google is rated second by Forbes and fourth by Interbrand on the list of the most valuable brands. Substantial criticism has been expressed, including privacy, tax evasion, censoring, neutrality in search, antitrust, and exploitation of its monopolistic positions.

[2.0] HOW TO SERVE PROCESS ON GOOGLE

[2.1] HOW TO SERVE CIVIL SUBPOENAS ON GOOGLE

With COVID-19, Google staff have had to work from home and physical offices are shut down. Accordingly, Google cannot accept legal California Process Service by mail, express delivery, or e-mail delivered to the physical address of Google. From  12th March 2020, a copy of the legal California Process Service should be sent by e-mail and the Process Service itself should be sent to the registered agent, CSC, via the relevant office to minimize the delay in the response to the California Process Service request. Corporation Service Company is the registered agent for  Process Service on Google.

It must be understood that with regard to requests for user data, Google must review each California Process Service request and comply with the relevant due diligence according to applicable state and federal laws. Google LLC is required to notify users before data is disclosed.

[2.2] HOW TO SERVE CIVIL REQUESTS FROM INSIDE THE U.S.

Google LLC receives civil requests for user data from a Santa Clara Court, US District Court in the Northern District of California, or out-of-state legal proceedings properly domesticated via a California Court (including subpoenas and court orders amongst other California Process Service). Anyone may submit the civil application to Google LLC via the appropriate Google LLC registered service agent, Corporation Service Company (or ‘CSC’).

 If an individual has to serve the CSC outside California to send civil applications by Google LLC, users may discover other CSC addresses by identifying Google LLC on the Secretary of State website for accurate Process Service to be achieved.

California Process Service via CSC is preferable since California Process Service on Google through CSC ensures that the request is handled as efficiently as is feasible. Requests must specify a product or service in particular and must identify accounts by an email address or other unique identifier. Requests to identify users with actual names or IP addresses may be rejected.

Google LLC  cannot receive Process Services by email, fax, or conventional mail. Consequently, to prevent delays, it is required to provide Google an email address to reply to. 

If through other methods (and not via CSC), an individual wants to serve Google, it is imperative to examine the relevant laws, rules, and regulations regulating the legal request. Google may accept the service via mail or personal delivery, depending on the kind of California Process Service allowed in the jurisdiction.  When Google receives user data requests, the entity must assess them in accordance with relevant state and federal regulations. Google must additionally warn users before their information is shared.

Google accepts subpoenas issued by the Superior Court of Santa Clara or the US District Court for the California Northern District. In a criminal case, Google may be served California Process Service on a legal basis on behalf of the defendant via the relevant Google Registered California Process Service Agent, Corporation Service Company (or ‘CSC’) office.

[2.3] REQUESTS FROM GOVERNMENT AUTHORITIES

Government authorities across the globe request that Google reveals user information and examines each application carefully to ensure that it meets relevant requirements. If a request requires too much information, the entity will attempt to restrict it, and in certain instances are opposed to any disclosure. In the transparency report, they disclose the number and kinds of requests they get.

When a government agency requests information, Google should send an email before revealing the information to the user account. If an organization manages the account, then the entity will have to notify the account administrator. Google will not notice if the conditions of the California Process Service request are legally forbidden. The entity will send notifications, for example, if a statutory or court-ordered gag period has ended, once the legal restriction is removed.

If the account was deactivated or hijacked, Google may not notify the individual. In cases of crises, such as risks to the safety of a child or threats to someone’s life, Google may not notify the individual if they discover that the urgency is over.

[2.4] REQUESTS FROM US GOVERNMENT AGENCIES IN CIVIL, ADMINISTRATIVE, AND CRIMINAL CASES

The Fourth Amendment to the US Constitution and the Electronic Communications Privacy Act (ECPA) restrict the government’s ability to force a provider to disclose user information. US authorities are overall required in all lawsuits and proceedings to issue a subpoena to compel disclosure of basic subscriber registration information and certain IP addresses. However, it is specific circumstances govern criminal cases, being [A.] the requirement of a court order and adequate California Process Service to compel disclosure of non-content records, such as the To, From, CC, BCC, and Timestamp fields in emails or [B.] the necessary to procure a search warrant to compel disclosure of the content of communications, such as email messages, documents, and photos. 

The government may utilize a National Security Letter (NSL) or an authority under the Foreign Intelligence Surveillance Act (FISA) to compel Google to disclose user information in the context of national security inquiries. A national security letter (NSL) is an administrative subpoena issued by the United States government to gather information for national security purposes. NSLs do not require prior approval from a judge or any other form of court permission and can only be used to compel the provision of restricted information to the subscribers. Furthermore, FISA orders and permission may be used to enforce electronic monitoring and disclosure of stored data including content from services like Gmail, Drive, and Photos.

[2.5] REQUESTS FROM GOVERNMENT AUTHORITIES OUTSIDE THE US

Google LLC occasionally gets requests for data sharing from government agencies outside the United States. If one of these requests is received, the entity  may disclose user information if this is consistent with [A.] US law, [B.]  law of the requesting country, [C.] international norms, and [D.] Google’s policy.

Under US law, access and disclosure must be specifically  permitted under applicable US law, such as the Electronic Communications Privacy Act (ECPA.) It cannot be too broad in nature and must be framed with specific data in mind. 

Via the law of the requesting country, Google would require the authority to follow the equivalent due process and legal requirements that would be expected from a similar request that emanated from a local individual entity. Furthermore, international norms would mean that apart from the laws of the requesting country, Google LLC would have to provide data that comes directly in response to implementation requirements from the Global Network Initiative’s Principles on Freedom of Expression and Privacy and other parameters. 

In addition to these rules and regulations, it is paramount to appreciate the relevance of Google’s own  policies which include any applicable terms of service and privacy policies, as well as policies related to the protection of freedom of expression

On March 20, 2019, the European Commission imposed a  nearly two billion euro fine on Google for preventing rivals from being able to ‘compete and innovate fairly’ in the online advertising market. European Union competition commissioner Margrethe Vestager said Google had violated EU antitrust rules by ‘imposing anti-competitive contractual restrictions on third-party websites’ that required them to exclude search results from Google’s rivals. 

A U.S. Congressional investigation completed in July and a House of Representatives subcommittee report published in early October both found that Google has engaged in illegal behavior in web search and search advertising. The U.S. Department of Justice then filed an antitrust lawsuit against Google on October 20, 2020, arguing that it had maintained its monopoly position in search. In a lawsuit, Google was accused of breaking antitrust rules by paying Apple a lucrative amount of between eight and twelve billion dollars to be the iPhone’s default search engine.  

For some of the reasons outlined in the lawsuit, as well as prior privacy suits leveled against Google, Alphabet’s ability to adequately compete in internet advertising is being challenged. Democratic lawmakers did not participate in the litigation led by Mr. Paxion. While it is said that Google is involved in almost all of the allegations leveled against them, the vast majority of them concern Google’s AdSense program, which Google has established as the main link in the chain linking online publishers and advertisers. The two leading Silicon Valley tech companies, Facebook and Alphabet, entered into a partnership agreement that aimed to aid each other in the face of inquiry into their online advertising practices.

For more information on serving legal papers, contact Undisputed Legal our California Process Service department at (800) 774-6922. Representatives are available Monday-Friday 8 am – 8 pm EST.  If you found this article helpful, please consider donating.  Thank you for following our blog, A space dedicated to bringing you news on breaking legal developments, interesting articles for law professionals, and educational material for all. We hope that you enjoy your time on our blog and revisit us!  We also invite you to check out our Frequently Asked Questions About Process Servers.

Sources

1. Together they possess about 14% of their publicly held shares and control 56% of the voting power of stockholders through their super-voting stock.

2. Process Service on Waze may be done at 1600 Amphitheatre Parkway Mountain View, CA 94043 USA or 240 Hamilton Avenue Palo Alto, CA 94301 United States

3. DeepMind Technologies is a British artificial intelligence subsidiary of Alphabet Inc. and research laboratory founded in September 2010. The company is based in London, with research centers in Canada, France, and the United States. In 2015, it became a wholly-owned subsidiary of Alphabet Inc, Google’s parent company.

4. Alphabet Inc. is a world-famous American information technology company, headquartered in Mountain View, California, United States. The company was founded in 2015 by the restructuring Google. Some of their subsidiary companies are Google, DoubleClick, Sidewalk Labs, Calico, X, and more. Sundar Pichai is the current CEO of Alphabet Inc. after the step-down of Larry Page and Sergey Brin.

Alphabet Inc. is listed on NASDAQ with the stock name GOOG. As of December 12, 2019, the price of the stock is US$1347.14.

Process Service on Alphabet is done at the same headquarters of Google LLC. which is, 1600 Amphitheater Parkway, Mountain View, CA 94043, USA.

The main telephone number of Alphabet is (650) 253-0000 and the main fax number of Alphabet is (650) 253-0001.

5. Google-legal-support@google.com  

6. The CSC office in California is located at the following address: Corporation Service Company 2710 Gateway Oaks Drive, Suite 150N Sacramento, CA 95833

7. ‘Additional Google Addresses’.

8. For requests from outside the U.S., Google LLC can be reached at: Google LLC c/o Custodian of Records 1600 Amphitheatre Parkway Mountain View, California 94043 United States of America

9. If the person is a user seeking their own data, Google Dashboard (www.google.com/dashboard) provides a summary of information associated with their account.

Additionally, they can use Google Takeout (www.google.com/takeout) to download data stored within their account.

10. If service by FedEx, UPS, or certified mail is permitted, the individual can serve Google at the following address:

      Google LLC

      C/O Custodian of Records

      1600 Amphitheatre Parkway

      Mountain View, CA 94043

11. If service by personal service is permitted, the individual can serve Google at the following address:

Google LLC
C/O Custodian of Records
1001 North Shoreline Boulevard
Mountain View, CA 94043’

12. The CSC office in California is located at the following address:

Corporation Service Company
2710 Gateway Oaks Drive, Suite 150N
Sacramento, CA 95833

13. The Electronic Communications Privacy Act of 1986 (ECPA) was enacted by the United States Congress to extend restrictions on government wiretaps of telephone calls to include transmissions of electronic data by computer (18 U.S.C. § 2510)

14. Foreign Intelligence Surveillance Act of 1978 (‘FISA’ Pub.L. 95–511, 92 Stat. 1783, 50 U.S.C. ch. 36) 

15. Ken Paxton, the Texas Attorney General leading the suit, stated that ‘Google is a trillion-dollar monopoly brazenly abusing its monopolistic power, going so far as to induce senior Facebook executives to agree to a contractual scheme that undermines the heart of [the]competitive process.’

16. United States v. Google Inc., No. 3:12-cv-04177, is a case in which the United States District Court for the Northern District of California approved a stipulated order for a permanent injunction and a $22.5 million civil penalty judgment, the largest civil penalty the Federal Trade Commission (FTC) has ever historically won. The FTC and Google Inc. consented to the entry of the stipulated order to resolve the dispute which arose from Google’s violation of its privacy policy. In this case, the FTC found Google liable for misrepresenting ‘privacy assurances to users of Apple’s Safari Internet browser’.It was reached after the FTC considered that through the placement of advertising tracking cookies in the Safari web browser, and while serving targeted advertisements, Google violated the 2011 FTC’s administrative order issued in FTC v. Google Inc

HOW TO SERVE LEGAL PAPERS ON THE NEW JERSEY ATTORNEY GENERAL

Attorney General

Undisputed Legal | New Jersey Process Service

The New Jersey Attorney General is a member of the State Executive Cabinet and administers the Ministry of Law and Public Security. The office is designated by the New Jersey Governor, confirmed by the New Jersey Senate, and restricted in duration. In accordance with the New Jersey Constitution, the Attorney General serves the Governor in a parallel term (starting on the third Tuesday of January following the election and ending on the third Tuesday following the next election). Governor Phil Murphy named Andrew Bruck as Acting Attorney General, who is New Jersey’s first out LGBT Attorney General.

Conventional knowledge holds that, except for cause’ by the governor or by route of legislative impeachment, the Attorney General cannot be removed from office. The Lieutenant Governor cannot also serve in the capacity of the Attorney General.

[1.0] WHAT DOES THE ATTORNEY GENERAL DO

The Attorney General serves as head of the New Jersey Department of Law and Public Safety, which is organized into ten divisions charged with overseeing the state’s criminal justice system, consumer protection, regulating certain state-wide industries, among other responsibilities. According to the office of the attorney general’s mission statement, despite these varied duties, ‘the Department is singularly united in protecting the safety and security of all those who live, work, and visit New Jersey.’ 

[1.2] THE ATTORNEY GENERAL’S RESPONSIBILITIES IN THE DIVISION OF LAW

The Law Division (DOL) acts as the main legal counsel for the State Government of New Jersey. In essence, this job consists of three elements: [A.] to provide legal advice to the departments and agencies of the state, [B.] to defend the State in civil disputes, and [C.] to institute civil proceedings against persons, businesses, and other bodies that breach the law, and who harm New Jersey and its residents. The tasks of DOL, comprised of almost five hundred attorneys, include issues relating to banking, child protection, corrections, education, the environment, finance, health insurance, taxation, and transport.

New Jersey’s current Acting Attorney General is Andrew Bruck. On 30th June 2021, Gov. Phil Murphy nominated him acting Attorney General to replace Gurbir Grewal who resigned on 16 July 2021 as the Securities and Exchange Commission’s Director of Enforcement effective 26TH  July that year.

New Jersey is one of seven states where citizens do not choose their Attorney General. The Constitution of New Jersey addresses the office of the Attorney General in Article V, the Executive.

[1.3] RESPONSIBILITIES OF THE ATTORNEY GENERAL

The Legislature has given extensive civil powers and responsibilities to the Attorney General. These include serving as the only legal adviser to all ‘officers, departments, boards, bodies, commissions, and State Government instruments.’ The legal counsel of these Departments and agencies is the duty of the Law Division and it is through this Division that the Attorney General carries out the majority of duties relating to the legal role they have played as Chief Counsel for the State, accountable for exercising and protecting public interests.

The Division of Law has a duty to lawfully represent these departments and agencies and it is via this Division that the Attorney General has most of their statutory obligations as Chief State Counsel, responsible for executing the Public Offerings and the Protection of Public Interest. The Division of Law was established on 7th  March 1944 and has a wide range of activities in carrying out its purpose. The Division is responsible for about thirty thousand pending legal cases in the federal and state courts of appeal and administrative fora.   Furthermore, the Law Division offers the Governor and other ministries, boards, and commissions within State governments with legal guidance and assistance.

Under the direction of the Attorney General, the Director is responsible for managing the Division. The Division has nine practice groups led by Assistant Lawyers General, each consisting of twenty-five sections to which the majority of the attorneys in the Division are appointed. Section chiefs and assistant chiefs oversee the sections.

The Attorney General monitors the criminal justice system, safeguards public safety, and protects the state from prosecution. The Department governs the casino, boxing, alcoholic beverages, and competition sectors. In addition, the Department safeguards customers against fraud. Although these duties are diverse, the Department is unique in safeguarding the safety of all those living, working, and visiting New Jersey

[2.0] HOW TO SERVE PROCESS ON THE ATTORNEY GENERAL

The Attorney General or any person designated to receive the process in writing may be served, with the Process Service being directed to the Office of the Attorney General.  For an agency, this would mean that personal delivery of Process Service to the officer or the chief executive officer of the agency would have to be committed on a personal delivery basis. However, Process Service on said officer may also be made by [A.] mailing of the Process Service papers by certified mail, return receipt requested, to the officer or chief executive officer of the agency or [B.] personal Process Service on the State. 

[2.1] SERVICE BY MAIL 

Process Service by certified mail cannot be complete until the summons is received in the office of the  Attorney General. This also holds true until personal service upon the state in the manner provided by the office is concluded.  

Service by certified mail must be addressed suitably on the front of the envelope and should bear the legend of the mail being urgent and legal. After this has been completed, the service may be accepted. The Attorney General of every such agency should designate at least one person, not counting themselves, to accept personal service on behalf of the agency. This procedure is held to be true in any state agency. As an alternative to the methods of personal Process Service, documents may be served by the plaintiff or any other person by mailing to the person or entity to be served. 

Mail-in this context means that first-class mail must be employed with postage prepaid, a copy of the documents together with two copies of a statement of service by mail and acknowledgment of receipt.

[3.0] PROCESS SERVICE ON THE DIVISIONS OF THE ATTORNEY GENERAL

It must be noted that the Attorney General and the Criminal Justice Division receive many letters seeking that they intervene in civil proceedings or criminal prosecute a person with whom the letter writer files a civil proceeding or disagreement. The office of the Attorney General cannot interfere in legal proceedings or disputes or alter the result of any civil dispute. If the individual is unhappy with the results of a civil lawsuit, it is necessary to consult an attorney of their choice about the option of appealing. To understand the idea further, it is necessary to contact the Clerk of the Appeals Division for assistance with pro-se appeals if one needs information about submitting their own appeal. If the communication involves child support,  through the Administrative Office of the Courts is the easiest way to contact the Child Support Enforcement Services Unit for purposes of Process Service. 

An individual may also raise a complaint with the Office of the Attorney General if they felt that a judge acted misguidedly during their case. For the purposes of identifying said complaint and for Process Service in the case, it is necessary to contact the Supreme Court’s Advisory Committee on Judicial Conduct. The purpose of the Advisory Committee on Judicial Conduct is to make recommendations that would then be applied to the Supreme Court itself when it comes to the conduct of the judges. However, it must be remembered that the action of this Committee cannot make any difference to the case. While its actions have the power of law behind them, it still cannot change to outcome of the case, which would have to be fulfilled upon the pursuance of civil remedies available. 

Furthermore, letters from prisoners or defendants should be addressed with great care to the Attorney General. The Attorney General and the Criminal Justice Division are State representatives in criminal proceedings. Therefore, their legal position in any criminal action in which the defendant is engaged would be identical to that of the prosecutor. This means the Attorney General cannot have contact with the individual except through their lawyer. Any expression of concern for proper handling of the case or if the individual claims that their rights have been infringed or have any issues with respect to their case should be communicated with the attorney for appropriate handling.

The Attorney General and the Criminal Justice Division have received correspondence for them to intervene in civil litigation or to prosecute a party with whom the letters have been brought to trial or dispute. They cannot interfere in civil disputes or conflicts, or in any way alter the result of the civil dispute.

[4.0]  FOLLOWING LACK OF PROSECUTION DISMISSAL

The primary method of obtaining personal jurisdiction over a defendant in this State is by causing the summons and complaint to be personally served within this State in accordance with Process Service parameters.  If Process Service has to be served upon the State of New Jersey, it must then be done by registered, certified, or ordinary mail of a copy of the summons and complaint or alternatively by personal delivery of a copy of the summons and complaint to the Attorney General as Process Service. There is no applicable default for failure to appear unless personal Process Service has been specifically done as such.

It must be known that for action concerning lien or encumbrance held by the state, the notice should be done in lieu of a summons and must be done in accordance with N.J.S.A. 2A:45-2. This Process Service should then be provided along with the copy of the complaint levied upon the attorney general or their designee. However, if the lien or encumbrance arises by reason of a recognizance entered into in connection with any proceeding in the Superior Court or any criminal judgment rendered in such court, the notice, together with a copy of the complaint, will have to be served on the county prosecutor or the prosecutor’s designee named in a writing filed with the Clerk of the Superior Court for purposes of Process Service.

 In Weber  v.  Mayan  Palace  Hotel  &  Resorts,   the court held that a complaint dismissed for lack of prosecution can be served with appropriate Process Service before it is reinstated.  Reinstatement Service of a  dismissed complaint,  as a  prerequisite to vacating a  dismissal and restoring the pleading,  is permissible according to Process Service guidelines. 

The Department of Law and Public Safety’s objective is to safeguard the safety, safety, and quality of life of the people of New Jersey via an organized and collaborative legal enforcement and regulatory agency system. The Department defends the rights and interests of the people in all issues of law. The Department has a broad range of duties for the people and divisions, as well as autonomous commissions and boards. As Head of the Department, the Attorney General acts as Chief Enforcement Officer and Legal Counsel of the State and is responsible for the supervision of the Department of Legal Affairs and Public Safety.

For more information on serving legal papers, contact Undisputed Legal our New Jersey Process Service department at (800) 774-6922. Representatives are available Monday-Friday 8 am – 8 pm EST.  If you found this article helpful, please consider donating.  Thank you for following our blog, A space dedicated to bringing you news on breaking legal developments, interesting articles for law professionals, and educational material for all. We hope that you enjoy your time on our blog and revisit us!  We also invite you to check out our Frequently Asked Questions About Process Servers.

Sources

1. Tully, Tracey. “What GURBIR Grewal Learned as the Nation’s First SIKH Attorney General.” The New York Times, The New York Times, 23 July 2021, www.nytimes.com/2021/07/23/us/politics/grewal-nj-attorney-general-sec.html. 

2. Under Article V, Section IV (3):

The Secretary of State and the Attorney General shall be nominated and appointed by the Governor with the advice and consent of the Senate to serve during the term of office of the Governor…

3. ACR 134, a bipartisan bill introduced on March 20, 2014, would eliminate the appointment process and allow for an elected state attorney general. That bill was referred to the Assembly Judiciary Committee. A similar bill (SCR 71) was pending in the New Jersey Senate. Those bills, along with a 2016 proposal by State Sens. Peter Barnes, III and Raymond J. Lesniak, did not pass before the end of their respective legislative sessions.

4. As of January 12, 2021, the office of the attorney general is composed of the following divisions: 

  • Division of Alcoholic Beverage Control
  • Division of Consumer Affairs
  • Division of Criminal Justice
  • Division on Civil Rights
  • Division of Gaming Enforcement
  • Division of Highway Traffic Safety
  • Division of Law
  • Juvenile Justice Commission
  • NJ Racing Commission
  • State Athletic Control Board
  • Division of NJ State Police
  • Victims of Crime Compensation Office

5. Street Address:
Richard J. Hughes Justice Complex
8th Floor, West Wing
25 Market Street
Trenton, NJ 08625-0080

Phone: 609-292-4925
Fax: 609-292-3508

6. Mailing Address:
Office of The Attorney General
P.O. Box 080
Trenton, NJ 08625-0080

7. This is  deemed to refer to any agency, board, bureau, commission, division, tribunal, or other entity which constitutes the state for purposes of  service

8. Child Support Enforcement Services

Probation Division

Administrative Office of the Courts

P.O. Box 987

Trenton, NJ 08625

9. Advisory Committee on Judicial Conduct

c/o Administrative Office of the Courts

P.O. Box 037

Trenton, NJ 08625

www.judiciary.state.nj.us/appdiv/foHrms/forms.htm

10. Such as filing an appeal, or a motion for reconsideration, or other post-judgment relief.

11. Complaints or concerns about state prison facilities should be addressed to:

Department of Corrections

Office of the Ombudsman

P.O. Box 863

Trenton, NJ 08625 -0863

12. Pursuant to R. 4:4-3

13. Or to the Attorney General’s designee named in a writing filed with the Clerk of the Superior Court.

14. In an action under N.J.S.A. 2A:45-1 et seq.

15. Weber  v.  Mayan  Palace  Hotel  &  Resorts,  397 N.J.  Super.  257  (App.  Div.  2007),  

16. Under  R. 1:13-7(a)

17. Stanley v. Great Gorge Country Club, 353 N.J. Super. 475 (Law Div. 2002).

18. Exemptions from the Automated Dismissal Process 

A. Forfeitures – The only forfeiture that has been stopped or inactivated at the request of the  Attorney General because the defendant is a fugitive in the accompanying criminal case is not subject to the mechanism of automated dismissal but which is not stayed or inactivated is susceptible to automated dismissal.

B. Condemnations/Inverse  Condemnations    these cases are individually managed and, while the managing judge based on his or her determination in a  particular case may dismiss them,  they are not to be subject to the automated dismissal process. 

C. Mass Tort and Centrally Managed Cases: These cases are specially handled and are subject to the automated dismissal process at the direction of the assigned judge. 

D. Fictitious Parties – No Automated Dismissal Notices of dismissal are not issued as to fictitious defendants unless the fictitious defendants are the only defendants in the case. 

HOW TO SERVE LEGAL PAPERS ON THE NEW JERSEY SECRETARY OF STATE

New Jersey

Undisputed Legal | New Jersey Process Service

The Secretary of State is a government official in 47 of the 50 US states and in Puerto Rico and other United States territories. This figure is named the Commonwealth Secretary in Massachusetts, Pennsylvania, and Virginia. The Secretary of State is the chief clerk of the state in jurisdictions that this position is active and is typically the main keeper of key governmental documents. There is no Secretary of State in the States of Alaska, Hawaii, and Utah; many functions a Secretary of State may usually exercise come under the jurisdiction of the Lieutenant Governor. As the Lieutenant Governor, the Secretary of State succeeds the Governor in most states, usually following the Lieutenant Governor immediately. In three states with no lieutenant governor (Arizona, Oregon, and Wyoming) as well as in Puerto Rico, in case of a government vacancy, the Secretary of State shall be in line first to be occupied. Secretaries of State, or those acting in that capacity, belong to the National Association of Secretaries of State.

 The most frequent, and perhaps the most essential, duty of the state secretary is to be the head office of the state election (although many states also have supervisors of elections, which are usually county elected officials). In thirty-eight States, the Secretary of State is ultimately responsible for the conduct of elections, including that of the implementation of qualifying criteria, supervision of financial regulations, and the introduction of procedures for election day. 

The Secretary of State is also responsible for the administration of the Uniform Commercial Code in the overwhelming majority of states, a statute that allows for the uniform application of commercial contracts and procedures across the United States including the registration of personal property links. In most states, in accordance with this obligation, the Secretary of State is responsible for the registration of state trademarks and for chartering enterprises (including typically partnerships and companies) wishing to operate inside their own country. Consequently, the Secretary of State keeps all records of commercial activity inside the State in most States. And in certain countries, the Secretary of State has broad regulatory authority over companies. 

[1.0] WHAT DOES THE NEW JERSEY SECRETARY OF STATE DO 

The New Jersey Secretary of State supervises the State Department, an early state office. The Secretary is accountable for maintaining artistic, cultural, and historic initiatives within the State of New Jersey as well as projects related to volunteering and community service throughout the State. The Governor appoints the Secretary.

The Department agencies include the [A.] State Archives,  [B.] the Election Division, [C.] the Programs Division, [D.] the Business Action Centre, [E.] the Red Tape Review Commission, [F.] the Historical Commission, [G.] the Cultural Based Initiatives, [H.] the Centre for Hispanic Research and Development, [I.] the Office for Planning Advocacy and [J.]  the State Planning Commission. The Secretary of Higher Education, the Student Assistance Authority for Higher Education, the State Library, and the Sports and Expo Authority is a part of but are not in the Department.

The New Jersey Archives and Records Management Division is a storehouse for all crucial information, including marriage, divorce, and birth records, and also preserves a separate array of files for the recording of wills. The Secretary of State supervises the Tourism Division, which promotes New Jersey as a prime tourist destination and election division and sets forth all tourism and election policies.

The Secretary is New Jersey’s, Chief Electoral Officer. The electoral division was the New Jersey Attorney General until April 1, 2008. The Secretary of State is also the Chairman of the Council of State Canvasser, which certifies federal and state election results and public matters.

It is imperative here to note that in New Jersey, the Secretary of State is not responsible for the registration of companies. This is in stark contrast to areas like New York, where the Secretary of State is the sole point of contact for businesses and acts in the capacity of a registered agent. The Treasury Department of New Jersey is responsible for maintaining business records.  The Secretary of State serves in New Jersey a term of office in parallel with the governor’s tenure.

This Way is the current Secretary of State. The Secretary is the state’s chief election official, the head of the Department of State, and has authority over the Department of Archives and Records Management, which maintains the state’s vital records. Additionally, the secretary oversees artistic, cultural, and historical programs and sets tourism policies in the state.

[2.0] HOW TO SERVE PROCESS ON THE NEW JERSEY SECRETARY OF STATE

Process Service upon the Secretary of State can be done by leaving the original and a copy of the summons. This would also require the furnishing of two individual copies of the complaint, with a fee of USD 20.00 in the hands of the Secretary of State. It must be noted that the Secretary of State can designate another individual to accept Process Service on their behalf, if [A.] notice of such service and a copy of the summons, with a copy of the complaint, are sent by registered mail to the defendant by the Secretary of State; and [B.] the return receipt from the defendant as well as the affidavit of compliance emanating from the Secretary of State that would provide major details of the service. This would include a statement of the date of mailing the Process Service and the receipt of the return card. These details must be appended to the original of the summons attached to the other copy of the complaint to fulfill adequate Process Service.

 Furthermore, the documents must be filed in the office of the clerk of the court wherein the action may be pending. It must be understood that notice of service should be furnished with a copy of the notice as well as the prerequisite copy of the summons and two copies of the complaint. These documents will then be sent by registered mail by the Secretary of State and forwarded to the sheriff or other process server in the jurisdiction in which the defendant resides. For the purposes of convenience, directions should be provided such that the sheriff or process server will be able to serve upon the defendant in accordance with that area’s Process Service guidelines. 

The return receipt of such sheriff or process server should be appended to or endorsed on the original summons and a copy of the complaint and returned to the Secretary of State. It is required to then file the documents in the office of the clerk of the court wherein the action may be pending in this State. An alternative would be to provide the notice of service as well as a copy of the summons and complaint on the defendant. This notice would have to be served personally by an official or an individual in their private capacity wherever the service should be levied. This would show the individual being served as well as depict the time and place of service, all indicated on the affidavit of service and couples with the original summons and copy of the complaint. This affidavit would be returned to the Secretary of State and filed by the clerk of the court. 

A registered agent of New Jersey is needed by law in all formal businesses in New Jersey. A registered agent gets all official documents from the State of New Jersey and also receives a company processing department in a legal proceeding.

[3.0] SERVICE  OF PROCESS ON A BUSINESS ENTITY VIA THE NEW JERSEY DEPARTMENT OF TREASURY

A business entity, regardless of whether it is foreign or domestic, is required to register with a state official or agency to transact business in this State. Often, this entity is required to register an address or an agent in the State for the Process Service that may come from any action, which would then be directed to the business at the address or to the agent registered. However, an alternative for the registration of an agent for a business entity with the state would be designating the State official or agency to be capable of accepting Process Service for any action, which would be relevant if [A.] the business entity has failed to register or re-register as required by law; or [B.] the business entity has failed to maintain a registered address or a registered agent in this State for Process Service. The registered agent in New Jersey is an individual or business entity acting as the point of contact for the business for [A.] all communication with New Jersey, such as the New Jersey Annual Report and Good-standing Certificate and [B.] is given all business processing services in any legal action.

All formal New Jersey companies such as LLC, corporations, etc. are legally obliged to have a registered agent. Furthermore, the official upon whom substituted service has been done is required to notify the entity by letter to its registered office within two days. If the entity’s registered address cannot be found, this intimation must be forwarded to any officer of the entity that has been identified by the State official or agency.  Additionally, the letter must also include a copy of the process or other paper served to be enclosed with the letter. Process Service thus provided shall be as effective in any action as if the business entity had entered its general appearance in the action.

[4.0] REQUIREMENTS FOR THE NEW JERSEY DEPARTMENT OF TREASURY TO ACCEPT SERVICE OF PROCESS.

Unlike most other states, New Jersey Corporate Records are managed by the Department of Treasury and not the Secretary of StateTo begin the entire service chain, the Process Server should first decide who the target receiver is.  This is because more than one million domestic and international companies, alliances, and unincorporated organizations have been documented with the Department of Treasury. In most circumstances, the name of the organization expected to be served is analogous to other organizations’ names. The process server, not the New Jersey  Department of Treasury, is liable for deciding the service user is intended to accept documents.  If a domestic or authorized foreign corporation has no such address on file, the secretary of state can mail a copy to the care of any director named in its certificate of incorporation at the director’s address stated. If the corporation is authorized but foreign, the copy’s mailing would be done to its office’s address within this state on file in the department. 

    • If this search has been completed, the process server will discover whether the corporation or LLC, etc. has been registered with the New Jersey Dept. of Treasury and will be able to provide a  printout of the ‘Status Report’. It is then imperative that service is to be attempted at whatever address the Dept. of Treasury has on file in the Status Report, regardless of the age or relevance of the address.  Only if this address has been proven to be irrelevant or obsolete can the New Jersey Department of Treasury accept the service. Thereinafter, it is necessary for the cheque as well as the relevant documents- being [A.] a copy of the Status Report, and [B.] an Affidavit of Attempted Service showing attempts at least at the address listed on the Status Report. 

The cheque must be payable to ‘Treasurer of State of New Jersey’ in the amount of USD 25.00 for corporations. This amount is USD 75.00 for LLCs. The requirement for the same means that all personal delivery that constitutes Process Service would have to include both the copy and the fee if it is levied on a domestic or authorized foreign entity. These stipulations are non-negotiable since the Department of Treasury is allowed to reject Process Service if the copies are tampered with, altered, or are not duplicate copies in the first place. 

During the pandemic, Process Service has had to adapt in order to be completed effectively as well as fulfill due process requirements. Consequently, Process Service via remote means like electronic mail or even regular registered mail service is preferred against the hitherto more 

For more information on serving legal papers, contact Undisputed Legal our New Jersey Process Service department at (800) 774-6922. Representatives are available Monday-Friday 8 am – 8 pm EST.  If you found this article helpful, please consider donating.  Thank you for following our blog, A space dedicated to bringing you news on breaking legal developments, interesting articles for law professionals, and educational material for all. We hope that you enjoy your time on our blog and revisit us!  We also invite you to check out our Frequently Asked Questions About Process Servers.

Sources

1. Florida is one of the many states that have this to do, and for this reason, Florida Secretary of State Katherine Harris became a rarity nationwide during the Florida election report.

2. Apart from Alaska, Delaware, Hawaii, Illinois, Maryland, New York, Oklahoma, Virginia, Wisconsin, and North Carolina.

3. Gribbins, J. Joseph (1971). Manual of the Legislature of New Jersey. Trenton, N. J. p. 217

4. “New Jersey State Council on the Arts APPROVES Over $35.6 Million in GRANTS, Establishes Capital Arts Program.” NewJerseyStage.com, 27 July 2021, www.newjerseystage.com/articles/2021/07/27/new-jersey-state-council-on-the-arts-approves-over-356-million-in-grants-establishes-capital-arts-program/. 

5. Or someone designated by him in his office, and such service shall be sufficient service upon the non-resident operator, pilot or owner

6. In case the plaintiff provides for this type of service in addition to the fee of USD 20.00, it would be necessary to provide a deposit with the Secretary of State sufficient money to effectuate the same

7. Notice of such service and a copy of the summons and complaint may be served on the defendant in any other manner which the court wherein the case is pending shall deem sufficient and expediency

HOW TO SERVE LEGAL PAPERS ON WALMART

Walmart

Undisputed Legal | Process Service

Walmart Inc. is a global corporate retailer operating a network of hypermarkets (sometimes called supercenters), cheap department stores, and U.S. grocery shops based in Bentonville, Arkansas. It was established in 1962 by Sam Walton in neighboring Rogers, Arkansas, and incorporated on 31 October 1969 under Delaware General Corporation Law. It also owns and manages retail warehouses at Sam’s Club.

The business operates in the United States and Canada under the name Walmart, in Mexico and Central America as Walmart de México y Centroamérica, and in India as Flipkart wholesale. 

[1.0] WALMART: THE GIANT

According to the Fortune Global 500 list in 2020, Walmart is the world’s leading revenue business, worth over five hundred billion dollars. With over two million workers, it is also the world’s biggest private employer. It is a publicly traded family-owned corporation since the Walton family controls the company. Sam Walton’s heirs control more than 50 percent of Walmart via their Walton Enterprises holding company and their personal interests. Walmart is headquartered in the Walmart Home Office complex in Bentonville, Arkansas. The company’s business model is based on selling a wide variety of general merchandise at low prices

In 1972, Walmart was listed on the New York Stock exchange. By 1988, it was the most profitable retailer in the United States and by October 1989 it was the biggest in terms of revenue. Initially, it was confined geographically to the South and Lower Midwest, but by the early 1990s, it had shops spanning the east to the west coast. Sam’s Club started in November 1989 in New Jersey, and in July 1990 the first California location opened. A Walmart in York, Pennsylvania, launched the first major shop in the North East, in October 1990.

The investments of Walmart outside the United States have experienced varied outcomes. Its businesses and subsidiaries in Canada, the United Kingdom, Central America, South America, and China have been quite successful while its activities in Germany, Japan, and South Korea have failed.

[2.0] HOW TO SERVE A SMALL CLAIMS LAWSUIT AGAINST WALMART

An individual may be able to serve small claims lawsuits against Walmart, with the proviso that the amount for which Walmart is being sued is for USD 10,000 or less. This would thus allow for lawsuits to be initiated against Walmart if -for instance- the individual has not received items they have purchased from Walmart, whether there were issues with the Walmart Auto Care center or in cases of personal injury. Any kind of assault that takes place at Walmart is an acknowledgment of the company’s failure to provide consumers and workers with sufficient protection and training respectively, so a claim may be made in case of any injury.

Prior to providing the claim, a demand letter should be sent to Walmart detailing the set of requests as a part of the required Process Service. 

Most businesses are protected by liability insurance in the case of liability cases in their premises – that is, if someone sues them for damage to their property. Commonly, smaller and medium-sized enterprises cover through a third-party insurer. All insurance firms try their utmost to prevent claims from being paid. In most instances, however, the defendant will not pay the judgment or settlement costs directly — the insurance company will. 

Walmart is so large that it has set up its own business to manage any liability claims, and not purchase third-party insurance. This implies that Walmart pays for a judgment or settlement in a case of personal injury.

[2.1] HOW TO FILE A CLAIM

Depending on the state in question, small claims courts have different maximum amounts of money for which an individual can sue. These are usually between USD 5,000 and USD10,000. Tennessee is an outlier with a maximum award of USD 25,000. It must be noted that any individual who cannot afford court fees may apply to have it waived.   

Walmart is often held liable if [A.] its policies or actions caused the dangerous situation, or [B.] the entity had prior knowledge of the dangerous situation, or [C.] should have reasonably known about the situation.  The liability legislation for premises (premise liability) usually provides multiple degrees of protection for various kinds of visitors. These degrees and regulations differ from state to state, but Walmart customers are generally seen as ‘invitees‘ providing the greatest level of legal protection. Walmart must take reasonable measures, like all other property owners, to guarantee the safety of individuals invited to their premises.

Naturally, Walmart cannot guarantee absolute safety since no scenario is ever absolutely safe, but its establishments must be fairly secure. The meaning of ‘reasonably’ relies largely on legal precedent but it indicates in general what a reasonable person would see as safe.

Liability legislation on-premises is likewise not all-inclusive. One cannot claim for personal damage if they have behaved carelessly or use the premises other than its intended use (being under alcohol or drug influence and going through the aisles or climbing the shelves) and may in reality be facing a lawsuit or a criminal penalty.

Contractual disputes are also frequent in small claims courts between two small companies between a company and a consumer. Commonly, a company claims that products or services were substandard or delivered late or not at all. If the parties do not negotiate their own solution or come to it via mediation, they will be given the opportunity to tell their side of the story before a small claims court judge.

[3.0] WALMART SUBSIDIARIES

  1. WALMART INSURANCE SERVICES, LLC

Walmart Insurance Services, LLC is a licensed insurance agency that sells Medicare products, as well as insurance brokerage, and is an affiliate of Walmart, Inc. Walmart Insurance Services, LLC is not connected with or endorsed by the U.S. government or the federal Medicare program and represents multiple insurance carriers and Medicare plans in most markets.

The entity is a foreign limited liability company, coming under the jurisdiction of Delaware although Walmart Insurance Services, LLC has filed for incorporation under New York. The company is one of the newer subsidiaries of the Walmart group, having been incorporated on 22nd July 2020. Furthermore, unlike most subsidiaries, Walmart Insurance Services does not retain a registered agent for Process Service, preferring instead to provide Process Service on a higher officer of the company.

The entity is incorporated in New York under Section 802 of the Limited Liability Company Law, which requires that within a hundred and twenty days after the filing of the application for authority, a foreign limited liability company (LLC) must publish in newspapers a copy of the application for authority or a notice containing the substance of the application for authority as a part of Process Service.

  1. WALMART AUTOMATORS LLC

The Walmart Automators LLC is a subsidiary group of Walmart  Albany and filed for incorporation with the Department of State on 3rd June 2021 in the county of Nassau. The entity itself is classified as a Domestic Limited Liability Company that falls under New York jurisdiction for New York City Process Service guidelines to be used.   The entity itself is exceedingly new and was established within the year

Process Service needs to be rendered on the  Secretary of State as an agent of a domestic limited company, although Walmart Automators LLC retains Legalinc Corporate Services Inc as to the registered agent on record for Process Service. Consequently, Process Service can be sufficiently done by personally delivering to and leaving with the Secretary of State duplicate copies of such  Process Service with the statutory fee, at the Albany office of the Department of State. The  Department of State then needs to send one of these copies by certified mail with the return receipt requested, to the Walmart Automators LLC at the address on file in the Department of State to fulfill Process Service stipulations.

  1. WALMART CLAIMS SERVICES, INC.

Walmart Claims Services, Inc. (dubbed ‘Arkansas Claims Management, Inc.’ in some locations) is the casualty claims administrator for Walmart Inc., its subsidiaries and affiliates in the family of companies, and Walmart’s insurance carriers. The entity accepts claims addressed specifically to the Claims management, although Process Service may also be provided to the registered agent or the chief executive officer. 

A foreign business corporation may apply for authority to do business in the State of New York by filing an Application for Authority pursuant to Section 1304 of the Business Corporation Law. It is necessary for a foreign business corporation to complete and file an Application for Authority with the Department of State. a Certificate of Existence should be attached to the Application for Authority, emanating from the official who files and maintains corporate records in the jurisdiction of the corporation This official is generally the Secretary of State, and many jurisdictions refer to the Certificate of Existence as a Certificate of Good Standing. The Certificate of Existence must be dated within one year. 

Completed Application for Authority as well as a USD 225 filing fee then becomes due to the New York State Department of State. If the foreign corporation has been conducting business in New York State prior to filing its Application for Authority, it must obtain the consent of the New York State Tax Commission (§1304 (a)(8), Business Corporation Law).

WALMART INC.

  1. Walmart operates via four divisions: [A.] Walmart in the U. S., [B.] Walmart International, [C.] Sam’s Club, and [D.] Global eCommerce. Throughout these sections, the business provides a variety of product categories, including supercenters, supermarkets, hypermarkets, warehouse clubs, cash-and-carry locations, home improvement, specialized electronics, restaurants, clothing shops, drugstores, and convenience stores.

The entity is typified as a foreign business corporation in New York with the initial Department of State filing done on 6th June 1990 in Suffolk, although it falls under Delaware jurisdiction.  Process Service may be levied on a principal executive officer or on a registered agent for accepting Process Service. Walmart Inc. retains CT Corporation System as a registered agent for Process Service.

  1. WALMART REAL ESTATE BUSINESS TRUST 

Wal-Mart Real Estate Business Trust provides real estate services. The Company rents and sells properties to the commercial sector. Since the entity was incorporated in Delaware, it exists in its capacity as a domestic (Delaware) statutory trust. A Delaware statutory trust (DST) is a legally recognized trust that is set up for the purpose of the business but not necessarily in the U.S. state of Delaware. It may also be referred to as an Unincorporated Business Trust.

The entity was established on 21st October 1996 and retains the Corporation Trust Company as a registered agent for Process Service. 

  1. WAL-MART INTERNATIONAL HOLDINGS, INC.

The Wal-Mart International Holdings, Inc. is a corporation organized and existing under the General Corporation Law of the State of Delaware, where the original Certificate of Incorporation was filed with the Secretary of State of Delaware on July 20th, 1999. The nature of the business remains within guidelines necessary to engage in any activity for which corporations are to be organized under the General Corporation Law of the State of Delaware and can be identified for the purposes of Process Service according to the Articles of Incorporation of the entity. However, the company is an international holding company, which are businesses established only to acquire and manage controlled interest in other enterprises. 

The registered office or place of business for Process Service for Wal-Mart International Holdings, Inc is in the State of Delaware. The registered agent for Process Service is the Corporation Trust Company. 

In 2019, Walmart revealed a new ‘future store’ and testing grounds for new technology, including IP cameras and interactive displays. The shop, a working idea dubbed the Intelligent Retail Lab, or IRL is a Walmart Neighbourhood Market in Levittown, N.Y. The shop is available to the public and is one of Walmart’s busiest Neighbourhood Market shops, which has more than thirty thousand products, according to the company.

Similar to the convenience shops of Amazon Go, the store features a set of cameras installed on the ceiling. However, unlike Amazon Go – a smaller shop by real estate standards- Walmart’s IRL covers 50,000 meters of retail area and employs more than a hundred people.

For more information on serving legal papers, contact Undisputed Legal our Process Service department at (800) 774-6922. Representatives are available Monday-Friday 8 am – 8 pm EST.  If you found this article helpful, please consider donating.  Thank you for following our blog, A space dedicated to bringing you news on breaking legal developments, interesting articles for law professionals, and educational material for all. We hope that you enjoy your time on our blog and revisit us!  We also invite you to check out our Frequently Asked Questions About Process Servers.

Sources

1. Walmart Inc.

702 SW 8th Street
Bentonville, AR 72716

One can also send a copy of the letter to their registered agent:

CT Corporation System

ATTN: Walmart Inc.

818 West Seventh Street
Suite 930
Los Angeles, CA 90017

2. Peralta v. Henriquez, 292 A.D.2d 514, 739 N.Y.S.2d 196 (2d Dep’t 2002), appealed 100 N.Y.2d 139 (2003)’

3. Rowland v. Christian, 69 Cal.2d 108 (1968).

4. ‘The Right Plan for the Right Person: Introducing Walmart Insurance Services.’ Corporate, corporate.walmart.com/newsroom/2020/10/06/the-right-plan-for-the-right-person-introducing-walmart-insurance-services.

5. Gina Acosta Executive Editor. ‘Walmart Health Insurance Is Here.’ Progressive Grocer, 6 Oct. 2020, progressivegrocer.com/walmart-health-insurance-here. 

6. LORI FLEES

Address:702 SW 8TH STREET, BENTONVILLE, AR, United States, 72716

7.An application for authority or a notice containing the substance of the application for authority.  Publication must be done once a week for six successive weeks in two newspapers in the county in which the office of the LLC is located.   One newspaper must be ‘printed daily’ and the other ‘printed weekly.’  The newspapers must be designated by the county clerk of the county in which the LLC has designated as its office location as stated in the application for authority.  Publication must be done in New York State.

8. NY LLC L § 303 (2012) § 303. Service of process on limited liability companies.

9. This authorized individual may also be the deputy,  or  any  person  authorized  by  the secretary  of  state  to  receive  such  service

10 DOS Process (Address to which DOS will mail process if accepted on behalf of the entity)

Name LEGALINC CORPORATE SERVICES INC.

Address:1967 WEHRLE DRIVE, SUITE 1 #086, BUFFALO, NY, United States, 14221

11. CLAIMS MANAGEMENT, INC.

Address:28 LIBERTY STREET, NEW YORK, NY, United States, 10005

12. C T CORPORATION SYSTEM

Address:28 LIBERTY ST., NEW YORK, NY, 10005

13. DAVID STILLS

Address:708 SW 8TH STREET, BENTONVILLE, AR, United States, 72716

14. Should be forwarded to:

 New York Department of State, Division of Corporations, One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231

15. WALMART INC.

Address:28 LIBERTY STREET, NEW YORK, NY, United States, 10005

16 . DOUGLAS MCMILLON

Address:702 SW 8TH ST., BENTONVILLE, AR, United States, 72716

17. C T CORPORATION SYSTEM

Address:28 LIBERTY ST., NEW YORK, NY, 10005

18. THE CORPORATION TRUST COMPANY

CORPORATION TRUST CENTER 1209 ORANGE ST

WILMINGTON County: New Castle

DE Postal Code: 19801

302-658-7581

19. https://www.sec.gov/Archives/edgar/data/12927/000119312506102223/d8k.htm

20. This would also address objects or purposes to be transacted, promoted, or carried on

21. To be located at 2711 Centerville Road, Suite 400, in the City of Wilmington, County of New Castle

22. Russell Redman 1 | Jun 25. ‘Walmart Enlists Artificial Intelligence for Online Grocery Substitutions.’ Supermarket News, 25 June 2021, www.supermarketnews.com/technology/walmart-enlists-artificial-intelligence-online-grocery-substitutions. 

23. ‘Walmart’s Ai-Powered Store of the Future Is Nothing like Amazon Go.’ Future Stores Miami 2022, futurestoreseast.wbresearch.com/blog/walmart-ai-powered-store-strategy-future-amazon-go. 

 

HOW TO SERVE LEGAL PAPERS ON CHEVRON CORPORATION

Chevron

Undisputed Legal | California Process Service

Chevron is an American global energy company,  established in 1984. The Chevron Corporation is an energy corporation from the United States and is the third-largest oil company in America. Based in San Ramon, California, the company is one of the successor companies of Standard Oil and operates in more than a hundred and eighty countries. 

Chevron is engaged in all areas of the petroleum and natural gas industries, including hydrocarbon exploration and production; refining, marketing, transportation; chemical manufacturing, and energy distribution. It was also one of the seven sisters that controlled the world’s oil company from the mid-1940s through the 1970s.

[1.0] BACKGROUND OF CHEVRON

On 10th October 2000, Texaco stated that it would acquire General Motors‘ stake in GM Ovonicsa, the producer for electric vehicles of NiMH, which has hence been reorganized in 2003 into a 50/50 joint venture between Ovonics and Chevron. Chevron and Energy Conservation Devices both sold their Cobasys shares to SB LiMotive Co in 2009.

Chevron announced the Texaco purchase  on15th October 2000 in an agreement valued at  USD 45 billion and created the United States’ second biggest petroleum business with a combined market value of about almost a hundred billion. The entity has become the world’s fourth-largest publicly listed petroleum firm. The purchase was finalized on 9th October 2001, with the merged business called ‘ChevronTexaco.’ ChevronTexaco stated on 9th  May 2005 that it would remove the Texaco brand and come back to the name of Chevron, although Texaco remains a Chevron company brand.

Interestingly, one of Chevron’s early predecessors, ‘Star Oil’, discovered oil at the Pico Canyon Oilfield in the Santa Susana Mountains north of Los Angeles in 1876. 

[2.0] THE CHEVRON DEFERENCE

Chevron United States of America, Inc. v. Natural Resources Defense Council, Inc, was a seminal decision in which the United States Supreme Court established the legal standard for deciding whether to defer to a government agency’s interpretation of the law it administers. The judgment established what is now referred to as ‘Chevron deference.’

The Supreme Court, in Chevron U.S.A., Inc. v. Natural Resources Defence Council, outlined a limited role for courts in reviewing these types of agency interpretations. The Chevron test, which has been cited and followed thousands of times by federal courts since 1984, requires courts to enforce the clearly expressed intent of Congress. In the absence of such clarity, Chevron instructs reviewing courts to defer to an agency’s construction of an ambiguous statute if the agency’s interpretation is reasonable. Under Chevron then, it is generally left to federal agencies, and not the courts, to resolve ambiguities necessary to interpret and implement authority provided to the agency by Congress. 

Probably the most common case referenced in American administrative law is Chevron. The decision establishes the doctrine that the court should refer to the ambiguous wording of a federal agency interpreted by Congressional law pertaining to the agency. Eighteen years later, Chevron had been able to submit Chevron’s deference in order to win a further case before the Supreme Court, Chevron U.S.A., Inc. v. Echazabal. The Court applied Chevron in a unanimous decision and maintained an Equal Employment Opportunity Commission regulation as reasonable. The regulation allowed an employer to refuse to employ an applicant when a disability on the job of the applicant constitutes a ‘direct threat’ to the health of its own employer.

Three Supreme Court judgments of the twenty-first century may restrict the extent of administrative action by which Chevron deferred to ‘force of law’-backed agency decisions. This new philosophy is often called ‘Chevron step zero’.’ An agency that does not get the deference of Chevron may nevertheless be deferred to some degree by the former Skidmore v. Swift & Co. The majority of people in Christensen v. Harris County (2000) stated that Chevron deference should apply to official agency papers that are legal and Skidmore should apply to materials of less formal agencies to try to adequately address ‘force of law’ in Chevron step zero. 

The Supreme Court has indicated in King v. Burwell (2015) that deference from Chevron may be inadequate in regulatory acts of ‘deep economic and political importance,’ suggesting the potential to significantly restrict or even eliminate doctrine.

[3.0] CHEVRON SUBSIDIARIES

  1. CHEVRON ENVIRONMENTAL MANAGEMENT COMPANY

The Environmental Management Company of Chevron (EMC) is responsible for the remedy, recovery, and retirement of assets. The entity was established on 16th August 1920 in California as a Domestic Stock Company registered for purposes of California Process Service. It retains Corporation Service Company as its registered agent for California Process Service. 

EMC provides a broad range of environmental services, guided by The Chevron Way, including the redevelopment of heritage and work sites, development of acquisition plans to manage the footprint and the reduction of operational impacts, while adding plans that ostensibly place a high priority on the protection of people and the environment in the communities where Chevron is working. EMC identifies possibilities to transform land and assets for corporate, public, external, and wildlife reuse by analyzing environmental effects and evaluating state options.

Chevron Environmental Management Company (EMC) is a Chevron Corporation service provider with responsibility for the abandonment and remediation of infrastructure across Chevron operations worldwide. EMC work items include environmental monitoring and environmental evaluation, deconstruction of onshore and offshore facilities, well plug and discontinuation work, excavation, soil and groundwater systems construction, and operation

  1. CHEVRON POWER HOLDINGS INC.

Chevron Power Holdings Inc is located in California and is part of the energy services industry. Chevron Power Holdings Inc is a major establishment that forms a part of the Chevron group. The entity was incorporated in California on 28th February 2001 September 1996 although it falls under Delaware Jurisdiction for purposes of California Process Service.  This renders Chevron Power Holding a foreign corporation according to California Process Service regulations. However, the agent for California Process Service is a Corporation Service Company. 

A foreign (out-of-state) corporation may be registered with the office of the Secretary of State by presenting a statement, a designation by a Foreign Corporation (Form S&DC-S/N), along with a Certificate of Good Standing. There is a charge of USD 100 to be qualified to receive California Process Service.

After processing the application, the company will be authorized to operate in California. Registration of a foreign corporation needs [A.] Statements and Foreign Corporation Designation [B.] Good Standing Certificate (no older than six months) [C.] Registered Agent of California

  1. CHEVRON OVERSEAS PETROLEUM PACIFIC COMPANY

Chevron Overseas Petroleum Pacific Company was formed on 9th February 2004. The Company operates in the State of California and consequently is regulated by California Process Service requirements, although it has a Department of State registration in Delaware. 

A Corporation registered in Delaware may do business in any state, although the California Process Service conditions would be governed in accordance with the Delaware jurisdiction.  A foreign corporation is an organization that is integrated under laws other than California (Cal. Corp. Code §§ 177 and 171) that is not a federally-chartered organization. Foreign companies must register in California by obtaining a certificate of qualification issued by the Secretary of State before they conduct intrastate activities in California. Transacting intra-state business other than intergovernmental or international trade implies engaging in repetitive and consecutive transactions in California.

Foreign companies are generally considered not to be engaging, transacting, or doing business in California or therefore not governed by laws of California just because they exist as domestic  (California) shareholders, domestic limited partnership limited or domestic limited liability companies managers, or because they engage in some domestic limited liability company. 

If, however, a foreign corporation has over 50% of the California shareholders and meets the three-tiered payroll, sells and property test, the corporation is designated as a foreign or quasi-domestic corporation and is subject to certain provisions of the California Corporations Code in relation, inter alia, to [A.] Election of yearly directors. [B.] Dismissal of managers and vacancy for managers. [C.]Standard of care of directors.

The agent for California Process Service for Chevron Overseas Petroleum Pacific Company is The Prentice-Hall Corporation System, Inc. 

  1. CHEVRON PETROLEUM SERVICE COMPANY

Being incorporated in Delaware on 10th January 1958, Chevron Petroleum Service Company does not come under the jurisdiction of California, although Chevron’s principal corporate headquarters remains there for the purposes of California Process Service. Like, most of the other Chevron subsidiaries, the registered agent for California Process Service is Corporation Trust Company.  A private corporation may be served either by leaving a copy of the California Process Service with said registered agent or by being notified by publication and mail similar to California Process Service levied upon individuals. 

For the purposes of California Process Service, the corporation is considered a foreign corporation under California jurisdiction.  The California Process Service rules relating to quasi-domestic corporations also apply to foreign parent corporations if their share ownership and operation characteristics meet the statute’s conditions.

  1. CHEVRON U.S.A. HOLDINGS INC

The Chevron U.S.A. Holdings Inc is a corporation organized and existing under the General Corporation Law of the State of Delaware, where the original Certificate of Incorporation was filed with the Secretary of State of Delaware on June 9th, 1982. The nature of the business remains within  California Process Service guidelines necessary to engage in any activity for which corporations are to be organized under the General Corporation Law of the State of Delaware and can be identified for the purposes of California Process Service according to the Articles of Incorporation of the entity. 

The registered office or place of business for California Process Service for the Chevron U.S.A. Holdings Inc is in the State of Delaware. The registered agent  for California Process Service is  The Prentice-Hall Corporation System, Inc, which is located in Wilmington, Delaware, and is part of the Legal Services Industry. 

  1. UNION OIL COMPANY OF CALIFORNIA

Union Oil Company of California and Unocal Company was a leader in petroleum exploration and marketing during the 20th century and in the early 21st century, known as Unocal / Oil Company of California & Unocal Corporation. The company has its headquarters in El Segundo, California, USA to receive California Process Service. The Union Oil Company of California was founded on October 17th, 1890, in Santa Paula, California, by Lyman Stewart, Thomas Bard, and Wallace Hardison. It was a merger of three Southern Californian oil companies: the Sespe Oil Company and the Torrey Canyon Oil Company (both owned by Bard) and the Hardison and Stewart Oil Company

Unocal has been engaged in energy initiatives both domestically and globally. Unocal was one of the leading participants in the CentGas consortium which tried, at one point after the Taliban siege of Kabul, to construct a Trans-Afghanistan pipeline from the Caspian region, via Afghanistan, to the Indian Ocean.

Unocal combined its entire petroleum business upstream with Chevron on August 10, 2005, and became a wholly-owned subsidiary. Unocal then stopped working as a separate business. It is now typified as a domestic stock company for California Process Service purposes in the jurisdiction of California, with the agent for California Process Service being  Corporation Service Company. 

Interestingly, in the summer of 1992, Maxis, the developers of SimCity, set up the Maxis Business Simulation (MBS) branch, responsible for serious business simulations that looked and performed like maxis games. The first MBS project was to play for Chevron’s oil refinery, which was ultimately called SimRefinery.  While Chevron’s training experts lauded the efficacy of the game, SimRefinery was not widely used in the business. In June 2020, a functioning copy of SimRefinery was restored and uploaded to the Internet Archive, providing a first opportunity for the public to play the historical game.

For more information on serving legal papers, contact Undisputed Legal our California Process Service department at (800) 774-6922. Representatives are available Monday-Friday 8 am – 8 pm EST.  If you found this article helpful, please consider donating.  Thank you for following our blog, A space dedicated to bringing you news on breaking legal developments, interesting articles for law professionals, and educational material for all. We hope that you enjoy your time on our blog and revisit us!  We also invite you to check out our Frequently Asked Questions About Process Servers.

Sources

1. Chevron United States of America, Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984)

2. The decision involved a lawsuit challenging the U.S. government’s interpretation of the word ‘source’ in an environmental statute. In 1977, the U.S. Congress passed a bill that amended the Clean Air Act of 1963—the United States’s comprehensive law regulating air pollution. The bill changed the law so that all companies in the United States that planned to build or install any major source of air pollutants were required to go through an elaborate ‘new-source review’ process before they could proceed. The bill did not precisely define what constituted a ‘source’ of air pollutants, and so the Environmental Protection Agency (EPA) formulated a definition as part of implementing the changes to the law. The EPA’s initial definition of a ‘source’ of air pollutants covered essentially any significant change or addition to a plant or factory, but in 1981 it changed its definition to be simply a plant or factory in its entirety. This allowed companies to avoid the ‘new-source review’ process entirely if, when increasing their plant’s emissions through building or modifying, they simultaneously modified other parts of their plant to reduce emissions so that the overall change in the plant’s emissions was zero. The Natural Resources Defense Council, an American non-profit environmental advocacy organization, then filed a lawsuit challenging the legality of the EPA’s new definition.

3. Chevron U.S.A., Inc. v. Echazabal, 536 U.S. 73 (2002).

4. Respondent Echazabal worked for independent contractors at one of petitioner Chevron U. S. A. lnc.’s oil refineries until Chevron refused to hire him because of a liver condition-which its doctors said would be exacerbated by continued exposure to toxins at the refinery-and the contractor employing him laid him off in response to Chevron’s request that it reassign him to a job without exposure to toxins or remove him from the refinery. 

5. For instance, Chevron’s deference is likely to receive a rule issued under the ‘A notice and Comment’ requirements of Article 553 of the Administrative Procedure Act, but a letter delivered by an agency, such as a US Security and Exchange Commission (SEC) ‘no-action letter.

6. Skidmore v. Swift & Co., 323 U.S. 134,

7. Christensen v. Harris County, 529 U.S. 576

8. King v. Burwell, 576 U.S. 473,

9. Entity Address:

6001 BOLLINGER CANYON ROAD
SAN RAMON CA 94583

Entity Mailing Address:

6001 BOLLINGER CANYON ROAD
SAN RAMON CA 94583

10. Entity Address:

6001 BOLLINGER CANYON ROAD
SAN RAMON CA 94583

Entity Mailing Address:

6001 BOLLINGER CANYON ROAD
SAN RAMON CA 94583

11. Entity Address:

6001 BOLLINGER CANYON RD
SAN RAMON CA 94583

Entity Mailing Address:

6001 BOLLINGER CANYON RD V2322A
SAN RAMON CA 94583

12. ADDRESS

8th Street & Park Avenue North Renton, WA 98055 United States

13. California Corporations Code § 191(b)-(c(c).

14. Cal. Corp. Code Section 301 Cal. Corp. Code Section 301

15. Cal. Corp. Code §§ 303-305

16. Cal. Corp. Code §§ 303-305

17. THE CORPORATION TRUST COMPANY

CORPORATION TRUST CENTER 1209 ORANGE ST

WILMINGTON County: New Castle

DE Postal Code: 19801

302-658-7581

18. https://www.sec.gov/Archives/edgar/data/12927/000119312506102223/d8k.htm

19. This would also address objects or purposes to be transacted, promoted, or carried on

20. To be located at 2711 Centerville Road, Suite 400, in the City of Wilmington, County of New Castle

21. THE PRENTICE-HALL CORPORATION SYSTEM, INC.

251 LITTLE FALLS DRIVE

WILMINGTON County: New Castle

DE Postal Code: 19808

302-636-5400

22. Entity Address:

6001 BOLLINGER CANYON ROAD
SAN RAMON CA 94583

Entity Mailing Address:

6001 BOLLINGER CANYON ROAD
SAN RAMON CA 94583

23. Agent for Service of Process:

CORPORATION SERVICE COMPANY WHICH WILL DO BUSINESS IN CALIFORNIA AS CSC – LAWYERS INCORPORATING SERVICE (C1592199

HOW TO SERVE LEGAL PAPERS ON EMPIRE BLUE CROSS BLUE SHIELD (ANTHEM)

Blue Cross Blue Shield

Undisputed Legal |New York City Process Service

Anthem, Inc. is a health insurance company in the United States. The entity is the Blue Cross Blue Shield Association’s biggest for-profit managed health care business. The business has about forty million members as of 2018. Previous to 2014, the company was known as WellPoint, Inc. The business was established in 2004 when WellPoint, headquartered in California, and Anthem, located in Indianapolis, merged after the acquisition of numerous health insurance companies by both corporations.

In California, where it serves about one million members as Anthem Blue Cross, the business is the biggest health insurer. It is known in New York as Empire Blue Cross Blue Shield and in ten other states as Anthem Blue Cross and Blue Shield.

[1.0] BACKGROUND

Blue Cross Blue Shield Association (BCBSA) is a federation of thirty-five United States health insurance undertakings providing health insurance to more than a hundred million people in the United States. The merging of its two namesake organizations was established in 1982: Blue Cross was established in 1929 and in 1960. Blue Shield was formed in 1939 and the Blue Shield Association in 1948.

The group is known as the ‘Association’ in the health insurance business and has two offices, one in Chicago and the other in Washington, D.C. BCBSA controls access for the United States and more than 170 other countries to Blue Cross and Blue Shield trademarks and names, which it then licenses for some exclusive geographical regions to associated businesses. The BCBSA handles communication between its members and the operational policies which must be licensed. This allows each BCBSA business to provide domestic insurance cover even if it only operates in its specified service region.

The Blue Cross and Blue Shield insurance businesses are licensed, independent from, and historically mutually exclusive of an association, providing insurance policies under one or both Association trademarks within specified areas.  Blue Cross  Blue Shield insurers in all U.S. states provide some kind of health insurance coverage. They also serve as Medicare administrators in several states or areas of the United States.

The Blue Cross Blue Shield Federal Employee Program is a national option for U.S. federal government workers and retirees under the Federal Employer Health Benefits Program (FEHB) and has been part of FEHB since FEHB was launched in 1960.  The FEP is the biggest insurer of federal workers and the world’s largest single health plan organization with more than five million members.

Empire Health Choice HMO, Inc., Empire HealthChoice Assurance, Inc., and HealthPlus HP, LLC are independent licensees of the Blue Cross Blue Shield Association. Empire BlueCross BlueShield (Empire) is the trade name of Empire HealthChoice Assurance, Inc., and Empire Blue Cross Blue Shield HMO is the trade name of Empire HealthChoice HMO, Inc., independent licensees of the Blue Cross Blue Shield Association, serving residents and businesses in the twenty-eight eastern and southeastern counties of New York State.

[2.0] ADHERENCE TO HIPAA RULES

The Health Insurance Portability and Accountability Act of 1996 was a law enacted at the federal level creating national standards for disclosure of sensitive patient information. This prevented information from being disclosed without the patient’s consent. The act itself covers health insurance coverage for workers and their families [Title I of HIPAA,] national identifiers and electronic health care transaction provisions [Title II,] guidelines for pre-tax medical spending accounts[Title III], health insurance reform, including individuals with pre-existing conditions and those seeking continued coverage. Title IV], and Title V governs company-owned life insurance policies.

HIPAA is critical law because it guarantees the sustainability and accessibility of healthcare programs. It establishes the basis for healthcare in the United States and prohibits the indiscriminate trading of medical data. Because healthcare is a need, it also pre-empts state law in order to guarantee consistency in the country’s medical laws [unless the state has more stringent medical standards].

HIPAA is a federal law that governs a broad range of medical services. It sets regulations governing healthcare services, as well as standards for technology and record-keeping. The latter is relevant to health insurance and billing companies, as well as health maintenance organizations, with penalties for noncompliance.

[2.1] HIPAA PRIVACY RULE

Medical identity theft has been a major issue in the healthcare sector. Consequently, the HIPAA Privacy Rule was enacted by the US Department of Health and Human Services and addresses the use and disclosure of information to the patients. Entities that are responsible for the same who are subject to the Privacy Rule are called ‘covered entities’ and are required to comply with the standards laid down for the protection of healthcare information. 

Primarily, a balance is struck in the Privacy Rule between the protection of individual health information as well as ensuring data is sourced for high-quality healthcare. The Rule does not lay down rigid and impermeable rules insofar as each individual seeking care requires diversity in their treatment but provides standards for covered entities as well as the rights of the individuals themselves.  The HIPAA Privacy Rule is sustained by national regulations for the use and disclosure of Protected Health Information (PHI) in healthcare treatment, payment, and operations by covered entities.

Protected Health Information is information that can be connected to the individual through certain identifiers which can include: name, Social Security number (SSN), driver’s license, state identification card, account, credit/debit card, passport, or alien registration numbers — among other items. However, this does not include publicly available information that is lawfully made available to the general public from federal, state, or local government records or widely distributed media.

The entity can only share personal information externally only where federal and state law allows or requires it. It is the duty of the entity to ensure that the access, use, and disclosure of Protected Health Information adhere only to what is strictly, as well as applicable law. It must be known that any claim concerning privacy should be specifically served to Anthem’s Privacy Office.

[3.0] WHAT DOES THE ANTHEM DO

Commercial & Specialty Business, Government Business, and Other Miscellaneous Activity are the three major segments of Anthem.  The Commercial & Specialty Business and Government Business segments offer a diverse portfolio of managed care products, including PPOs, HMOs, traditional indemnity benefits, and point-of-sale (POS) plans, and also a multitude of hybrid benefits plans, such as CDHPs, hospital-only, and limited benefit products.

A. Commercial & Specialty Business is composed of the Local Group, National Accounts, Individual, and Specialty companies. These business units offer fully-insured health care products, provide a greater range of self-financed customers with managed health care services, including claims handling, underwriting, stoppage insurance, acting services, provider network access, medical cost management, disease management, wellness, and other administrative services, and provide a range of financial products and services.

B, Government business sector includes Medicare and Medicaid companies, National Government Services or NGS services, and FEP®-related federal government services. Medicaid makes federal matching money available to all nations to assist medically eligible individuals, primarily those with limited income that meet other government requirements. Medicaid is intended to allow individual states to select their own eligibility criteria, benefits packages, payment rates, and program administration in accordance with wide federal standards. Medicare customers are eligible individuals with 65 or older age and who have registered with Medicare Advantage or Medicare Supplements, certain handicapped persons under 65, or members of all ages with kidney disease.

[4.0] ANTHEM AND ITS SUBSIDIARIES

  1. ANTHEM BLUE CROSS FOUNDATION, L.L.C.

Anthem Blue Cross Foundation’s place of formation is in Delaware, although the business is located in New York. Anthem Blue Cross Foundation registered itself on 20th August 2010, predominantly in the business of Aircraft Engine and Engine Parts Manufacturing as a limited liability company for purposes of Process Service.  

The Anthem Blue Cross and Blue Shield Foundation an independent license holder of the Blue Cross and Blue Shield Association supports Anthem’s business goal of improvement of individual’s and families’ health and well-being in the communities served by Anthem Blue Cross and Blue Shield. The Fund concentrates its financing on strategic projects which address and provide creative solutions to the problems of health care, as well as the promotion of healthy generations, a multi-generation effort that focuses on particular disease states and medical disorders. These include the first quarter of pregnancy, low birth weight, cardiac morbidity rates, long-term activities which reduce obesity and promote physical activity, the incidence of diabetes among adult populations, pneumococcal adult and influenza immunizations, and a stop of smoking. The foundation also administers the Associate Giving program of the business, which gives 50 percent of its associated campaign commitments and its Community Service Volunteer Time Off and Dollars for Doers. ANTHEM is THE Anthem Insurance Companies, Inc. registered trademark. The names and emblems of the Blue Cross and the Blue Shield are recognized Blue Cross and Blue Shield Association trademarks. The entity retains CT corporation as its registered agent.

For New York purposes, if the LLC is established in another state it is recognized in New York as a foreign LLC. In other words, foreign does not imply alien. It implies that the company was established in accordance with the legislation of another state. On the other hand, a domestic LLC is established in the state in which it does business. This terminology is prevalent in the United States.

According to the New York LLC Law, any foreign company must be registered with New York, if they are ‘transacting business’ or ‘doing business in New York for the purpose of New York City Process Service.   As with other jurisdictions, the New York LLC Act does not explicitly define either ‘commercial transactions’ or ‘commercial transactions’ with regard to international registrations.

However, State rules regulating the collection of state sales tax in international businesses offer some clarity. Under these rules, a company must be physically present in the state—or associated with it—in order to be obliged to collect state sales tax on sales to its citizens for purposes of New York City Process Service.

  1. ANTHEM HEALTH CAREERS, LLC

Anthem Health Careers, LLC is a subsidiary group of the Anthem Corporation and filed for incorporation with the Department of State on September 14th, 2007 in the county of Suffolk. The entity itself is classified as a Domestic Limited Liability Company that falls under New York jurisdiction for New York City Process Service guidelines to be used.  

New York City Process Service needs to be rendered on the  Secretary of State as an agent of a domestic limited company. However,   Anthem Health Careers, LLC retains a registered agent on record, such that  New York City Process Service may be forwarded from the Department of State. Consequently, New York City Process Service can be sufficiently done by personally delivering to and leaving with the Secretary of State duplicate copies of such  New York City Process Service with the statutory fee, at the Albany office of the Department of State. The  Department of State then needs to send one of these copies by certified mail to New York City Process Service with the return receipt requested, to the Anthem Health Careers address on file in the Department of State.

  1. ANTHEM PREMIUM SERVICES CORP.

Anthem Premium Services Corp registered with the New York Department of State on 7th December 2001. Since Anthem Premium Services Corp was thus formed in New York and in Queens County,  the entity qualifies as a domestic business corporation and will have New York City Process Service levied upon it. The United States Department of State is under an obligation to send the New York City Process Service documents that it has received to the entity. If it is required, the Department of State may receive New York City Process Service on behalf of the organization.

In accordance with New York law, New York City Process Service on a registered agent may be performed by serving the person or entity by delivering a summons. In this instance, the agent’s involvement in the process essentially presumes that the agent stands in as a defendant and thus satisfies New York City Process Service. However, New York City Process Service may also be provided upon a higher officer. While this service usually necessitates two copies of the New York City Process Service being served on the New York Secretary of State or anyone authorized by them, an individual may perform this service if they are serving one copy to the New York Secretary of State or anyone authorized by them. If an entity accepts New York City Process Service on their behalf, the Department of State will send the package to their offices via mail. In any event, the Department of State may undertake a process for this New York City Process Service in the State of New York, identifying designated officials who are ranked highly to receive New York City Process Service.

  1. ANTHEM MEDICAL HEALTHCARE, P.C.

The Anthem Medical Healthcare, P.C. is an entity of the Anthem Corporation established with the Department of State of New York relatively recently, having its initial filing completed on 10th May 2010. The entity is entirely New York-based, filing for incorporation in Suffolk County for the purposes of New York City Process Service.

The Anthem Medical Healthcare, P.C. is thus a domestic professional service corporation entirely coming under New York jurisdiction and requiring the corporation to adhere to rules of New York City Process Service. A business corporation may be formed by filing a Certificate of Incorporation pursuant to Section 1503 of the Business Corporation Law. This entity retains The Corporation as a  registered agent to accept New York City Process Service on its behalf, New York City Process Service on corporation is often complete when the Secretary of State is served. The Secretary of State then will send one of these copies by certified mail for New York City Process Service to the corporation, with Anthem Medical Healthcare, P.C. Inc itself supplying the address while providing the Certificate of Incorporation which is on file in the Department of State.

A professional corporation is one that is composed of several kinds of professionals, including physicians, attorneys, architects, accountants, engineers, and psychologists. Professionals seeking to incorporate their practice may do so in the majority of states by establishing a professional corporation or a professional service company.

A professional service corporation is distinct from a professional corporation in that the former is formed in accordance with particular Internal Revenue Service rules (IRS.) Professional corporations must be organized in the state in which the professionals do business. While ordinary companies exempt shareholders from personal responsibility, professional corporations enable professionals to benefit from the benefits of corporations while restricting their personal liability in specific circumstances.

For more information on serving legal papers, contact Undisputed Legal our New York City Process Service department at (800) 774-6922. Representatives are available Monday-Friday 8 am – 8 pm EST.  If you found this article helpful, please consider donating.  Thank you for following our blog, A space dedicated to bringing you news on breaking legal developments, interesting articles for law professionals, and educational material for all. We hope that you enjoy your time on our blog and revisit us!  We also invite you to check out our Frequently Asked Questions About Process Servers.

Sources

1. ‘Health Insurer Wellpoint Switches Name To Anthem’. San Diego Union-Tribune, 2021, https://www.sandiegouniontribune.com/sdut-health-insurer-wellpoint-switches-name-to-anthem-2014dec03-story.html.

2. Writer, DIANE LEVICK; Courant Staff. ‘BLUE CROSS, ANTHEM MERGE.’ Courant.com, 19 Sept. 2018, www.courant.com/news/connecticut/hc-xpm-1997-08-02-9708020019-story.html. 

3. The headquarters is in Chicago on 225 North Michigan Avenue in the Illinois Centre.

4. Bizjournals.com, www.bizjournals.com/louisville/stories/1999/07/12/daily7.html. 

5. Mathews, Anna Wilde, and Brent Kendall. “Antitrust Rulings Put Chill on Health-Insurance Mergers.” The Wall Street Journal, Dow Jones & Company, 15 Feb. 2017, www.wsj.com/articles/cigna-calls-off-merger-with-anthem-1487104016. 

6. King, Michael W. “Health Care Efficiencies: American Journal of Law & Medicine.” Cambridge Core, Cambridge University Press, 6 Jan. 2021, www.cambridge.org/core/journals/american-journal-of-law-and-medicine/article/health-care-efficiencies/FE2F04AB0EEE0EA0798022F4C0CD4592.

7. Privacy.Office@anthem.com.

8. Anthem   assesses the suitability of the reportable segments on a regular basis, especially in light of organizational changes, mergers, and acquisitions activity, and changing laws and regulations

9. C T CORPORATION SYSTEM

Address:28 LIBERTY ST., NEW YORK, NY, United States, 10005

10. DOS ID:3567894

11. NY LLC L § 303 (2012) § 303. Service of process on limited liability companies.

12. THE LLC, C/O JEAN MARIE BRAAT

Address:31 BRIDLE PATH, WESTHAMPTON BEACH, NY, United States, 11978

13. This authorized individual may also be the deputy,  or  any  person  authorized  by  the secretary  of  state  to  receive  such  service

14. DOS Process (Address to which DOS will mail process if accepted on behalf of the entity)

HE LLC, C/O JEAN MARIE BRAAT

Address:31 BRIDLE PATH, WESTHAMPTON BEACH, NY, United States, 11978

15. C/O DEBRA FINE

Address:33-21 157TH ST., FLUSHING, NY, United States, 11354

 16. Chief Executive Officer’s Name and Address

Name: DEBRA S FINE

Address:33-21 157TH ST, FLUSHING, NY, United States, 11354

17. THE CORPORATION

Address:205 SMITHTOWN BLVD, NESCONSET, NY, United States, 11767

HOW TO SERVE LEGAL PAPERS ON MAJOR LEAGUE BASEBALL

Major League Baseball

Undisputed Legal | Process Service

Between the legacy that players leave and the fervor of the sport, baseball has been almost deified as a sport.  This is even seen in the unwritten rules of the game with nevertheless dictates the sport its conventions. Although sports follow self-policed unspoken agreements, over the course of its history, Major League Baseball has developed its own set of unique unwritten rules. These unwritten rules come with added legitimacy since Major League Baseball makes all the rules in the sport in the first place. 

Understanding Major League Baseball is necessary to appreciate the dominance that the entity has over the game. Major League Baseball is an American professional baseball organization and the oldest to have major professional sports leagues (in the United States and Canada ). A total of thirty clubs play Baseball Major League: fifteen National League (NL) and fifteen American League teams (AL). 

The NL and AL were established respectively in 1876 and 1901 and from 1903 forward, both leagues collaborated with each other but were legally distinct until 2000 when they became a single organization, headed by the Commissioner of Baseball.   

[1.0] HOW DOES THE MLB WORK

Since 2021, the MLB has had thirty teams: twenty-nine in the U.S. and one in Canada. Baseball games are aired in North America and in many other countries via telephone, radio, and the Internet. 

The MLB is regulated by the Constitution of the Major League Baseball. Since its establishment in 1876, this document has experienced many iterations. The MLB employs and administers the umpiring crews of the sport and negotiates marketing, labor, and broadcast contracts under the leadership of the Commissioner of Baseball. 

MLB has a unique, sport-controlled connection with most elements of Minor League baseball. This was largely owing to the Federal Baseball Club vs National League which ruled that baseball was not international trade and therefore not subject to federal antitrust legislation. This decision was only marginally weakened in the following years. The weaker decision gave the club owners greater certainty and resulted in double-digit rates of value increase. 

The MLB’s dominance in sport was challenged with three noteworthy efforts to create rival legs in the late 1800s, including the short-lived Federal League from 1913 to 1915 and the failed Continental League in 1960.

[2.0] HOW DOES MLB MAKE MONEY 

[2.1] LICENSING

Licensing money is a major revenue stream for MLB. Baseball has partnerships with some of the largest sports brands, like Nike Inc. and New Era Cap Company to supply both players and spectators with legally branded clothing. MLB is not a public company and consequently is not mandated to publish detailed financial records and consequently, MLB does not publish the sales statistics of goods, although record sales of licensed MLB gear have been recorded in previous years. When teams have successful records, fans purchase more goods, especially when players with large names are traded, and when teams change jerseys.

Major League Baseball also has several dozen major sponsors: Bank of America Corp., MasterCard Inc., Apple Inc. et cetera. The naming rights of the stadium are also a significant contribution to sponsorship income. 

 

[2.2] REDISTRIBUTION OF REVENUE

In contrast to many other kinds of businesses, major League Baseball clubs take part in income-sharing, a mechanism that redistributes revenues from profitable to less lucrative teams in an effort to maintain competitive balance. The aim is to maintain the less affluent clubs on an equally competitive level with the richest teams capable of attracting the greatest and most costly players.

Under the collective agreement for 2017-2021, every club pays a portion of its net local income to a pool that is evenly split among each team. More profitable clubs pay more than they get back; less proficient clubs get more than they put in.

[3.0] MAJOR LEAGUE BASEBALL SUBSIDIARIES

  1. MAJOR LEAGUE BASEBALL PLAYERS ALUMNI ASSOCIATION, INC.

MLBPAA is a 501(c)3 non-profit organization founded in 1982 by former Washington senator Chuck Hinton to promote baseball gaming, collect donations for charities, and motivate and instruct young people through the use of positive portrayals of sports. It has also become a key location for retired MLB athletes to stay in touch and interact with players.

The MLBPAA was formed in Washington, on 12th May 1994. The business itself is a non-stock business type for Process Service purposes. A non-stock company is a corporation that does not have shareholders (such a business is considered a stock company.  However, a non-stock company usually includes members who represent the functional equivalent of shareholders in an equity company. Process Service may be rendered upon these members since officers of the corporation are authorized to accept Process Service. 

The MLPBAA retains an individual as a registered agent for Process Service; Thomas G Parisot. It must be noted that Process Service is to be rendered only to the registered agent or the authorized officers. This is because the MLPBAA has two subsidiaries of its own to help former players; the MLBPAA owns the for-profit organizations, MLAM (Major League Alumni Marketing) and MLAS (Major League Alumni Services) and Process Service should be clearly demarcated.

  1. Major League Alumni Marketing

MLAM was created to gain compensation for former players through endorsements and appearances while protecting the names and likenesses of the individuals. Players are able to sign a Player Pool Agreement, which is a pool of group licensing and other marketing monies that are annually divided equally among the members. MLAM is separated into two divisions:

  1. Legends Memorabilia Collection (LMC) is one of seven certified Major League genuine baseball memorabilia sellers. LMC emerged to fulfill a need, offering mementos from every live player who had played the game. Throughout the year, LMC conducts various exclusive signatures and a wide variety of players with Hall of Famers. In 2011 LMC supported more than a hundred Major League Ball Park lives auctions.
  2. Legends Entertainment Group (LEG) promotes athletes proactively via support agreements and personal appearances. Since 1999, the alumnae players have been paid over USD million (over half of which are non-Hall of Fame players)).
  1. Major League Alumni Services: MLAS strives to broaden membership programs including medical and pension benefits while providing services outside the non-profit framework for the direct benefit of MLBPAA members such as free heart and lung care for former players, courtesy of Deborah Hospital.
  1. MLB ADVANCED MEDIA

A limited partnership of the Major League Baseball (MLB) team owners headquartered in New York City, MLB Advanced Media is the League’s website and interactive business and receives Process Service independently. The business maintains the League’s official website and its thirty major league baseball team websites on MLB.com. The site provides news, information, statistics, and timetables, as well as live audio or video broadcasting of most games to subscribers. The business also hires reporters with one allocated to each club throughout the season and more general performances. BaseballChannel.tv and MLB Radio are both owned and operated by MLB Advanced Media.

MLBAM also operates and controls the Minor League Baseball websites, the YES Network (the New York Yankees’ television broadcaster), SportsNet New York City (the television broadcaster of the New York Mets.)The entity also supplied WWE Network, WatchESPN, ESPN3, HBO Now, and PGA Tour Live backend infrastructure

MLB Advanced Media is the multimedia division headquartered in New York City. This division is responsible for MLB.com and each of the websites of the thirty clubs. Its charter says that MLB Advanced Media has editorial independence from the league, but is subject to the same set of owners and income distribution scheme. MLB Productions is an equally organized arm of the league that focuses on video and traditional media. MLB also controls 67% of the MLB Network with the remaining 33% divided between various cable companies including DirecTV. It works from studios in Secaucus, New Jersey, and enjoys editorial independence.

  1. MAJOR LEAGUE BASEBALL PROPERTIES, INC 

The New York-based Major League Baseball Properties, Inc owns several high-end real estate properties in New York City and beyond. The entity is based in New York and is qualified for New York City Process Service. Furthermore, Major League Baseball Properties, Inc. MLBP controls the merchandising and licensing for all MLB teams in both the American and National Leagues. The company owns and manages properties as part of the Lessors of Nonfinancial Intangible Assets (except Copyrighted Works) Industry, considering that the corporate structure of MLBP spans twenty-four companies, although Process Service cannot be levied upon the wrong company. The company also controls affiliated entities and  Spring Training, Opening Day, All-Star Game events, Division Series, League Championship Series, World Series, and special programs.

MLBP ensures that all Major League Baseball organizations defend and enforce intellectual property rights against infringers and counterfeiters around the globe. The use of proper labels, hangtags, holograms, licensee identification, and other notifications on all licensed products and services is an essential part of MLBP regulation programs.

C. MAJOR LEAGUE ASSOCIATION OF BASEBALL PLAYERS (MLBPA)

The Major League Association of Baseball Players (MLBPA) is the collective bargaining agent for the numerous players of Major League Baseball.  The entity was formed in New York and became a labor union in 1966, rendering New York City Process Service to be applicable. Marvin Miller, an economist with the United Steel Workers of America, was chosen by the players to be the Association’s first executive director.

The Union negotiates wages, arbitrates complaints, guarantees the security of its players in the field, manages the MLB license, and distributes licensing income as its main business according to Process Service guidelines. Player agents are certified by the MLBPA. All players, coaches, managers, and trainers who have joined up the League are entitled to pay USD50  dues each day for members of the Association throughout the season. In 1966, MLBPA was formed and the first collective bargaining agreement was signed in 1968 with club owners.

  1. MAJOR LEAGUE BASEBALL TRUST

Major League Baseball Players Association is also responsible for the Major League Baseball Trust. The Major League Baseball Players Trust is also operating on behalf of its members as a 501(c)3 Charitable foundation according to Process Service requirements and supports the development of youth baseball as well as a wide variety of causes and projects, as directed by its Member players. Major League Baseball Trust is located in New York and is part of the Business, Professional, Labour, Political, and Similar Organizations Industry for the purpose of Process Service.

  1. MAJOR LEAGUE BASEBALL YOUTH FOUNDATION

The Major League Baseball Youth Foundation is a  subsidiary of  Major League Baseball  Group, with the initial Department of State filing having occurred on 13th April 2017 under California jurisdiction and adhering to New York City Process Service regulations. Major League Baseball Youth Foundation thus exists as a foreign not-for-profit corporation in New York and requires Process Service levied upon it accordingly. 

Most not-for-profit corporations are exempt from federal and state taxes, although this exemption is not automatic. Major League Baseball Foundation has been classified as a Charitable organization according to Process Service parameters and as such is exempt. When a 501(c)(3) non-profit organization is judged as to whether it is a private foundation, it is assumed to be a private foundation until it has established itself as a public charity. There are generally two methods for determining whether an organization qualifies as a public charity: [A.] the one-third support test or [B.]  the facts and circumstances test. The third option is for an organization to meet the requirements to be recognized as a public charity if it derives a substantial part of its revenue from activities that are related to the performance of the organization’s exempt purpose (such as, earned income).

Major League Baseball Youth Foundation retains its registered agent for Process Service as the Corporation. A foreign corporation can apply for authority to conduct activities in New York by filing an application) under section 1304 of the Not-for-Profit Corporation Law, signed and delivered to the Department of State with adherence to Process Service parameters. It should include the name of the foreign corporation.. the fictitious name the corporation agrees to use in the state, the jurisdiction and date of its incorporation, whether it would be a charitable corporation or non-charitable corporation is formed in this state; a statement of its purposes to be pursued in this state and of the activities which it proposes to conduct in this state; and a statement that it is authorized to conduct those activities in the jurisdiction of its incorporation in the county of the state. Further, there must be the designation of the secretary of state as the entity’s agent upon whom Process Service against it may be served and the post office address to which the secretary of state shall mail a copy of any Process Service against it served upon them.

  1. MAJOR LEAGUE BASEBALL ACES, LLC AND MAJOR LEAGUE BASEBALL SCOUTING BUREAU

The Major League Baseball Scouting Bureau is an organized scouting entity operating under the aegis of the Office of the Commissioner of Baseball. Based in Ontario, California, MLBSB’s endeavors include supplementing its Thirty Major League Baseball Clubs’ autonomous, proprietary amateur, and professional Scouting programs.  

Major League Baseball Aces, LLC and Major League Baseball Scouting Bureau are both subsidiaries of Major League Baseball, requiring individual Process Service to be levied upon them. Major League Baseball Aces, LLC was incorporated on 9th October 2018 as a foreign limited liability company.  The entity comes under Delaware jurisdiction, although incorporated in New York, and is thus eligible for New York City Process Service.   The entity retains a registered agent to deal with the New York City Process Service, to whom the Secretary of State is required to forward New York City Process Service upon receipt. The registered agent for Process Service for Major League Baseball Aces, LLC is Corporation Service Company.

MLB is the second richest professional sports league behind the National Football League. MLB also supervises Minor League Baseball, which includes lower-level club teams. MLB is jointly managing the International World Baseball Classic Tournament with the World Baseball Confederation

For more information on serving legal papers, contact Undisputed Legal our Process Service department at (800) 774-6922. Representatives are available Monday-Friday 8 am – 8 pm EST.  If you found this article helpful, please consider donating.  Thank you for following our blog, A space dedicated to bringing you news on breaking legal developments, interesting articles for law professionals, and educational material for all. We hope that you enjoy your time on our blog and revisit us!  We also invite you to check out our Frequently Asked Questions About Process Servers.

Sources

1. Baseball’s first openly all-professional team was the Cincinnati Red Stockings, which were founded in 1869. Before that, some teams had secretly paid some players. The first few decades of professional baseball were characterized by rivalries between leagues and by players who often jumped from one team or league to another. The period before 1920 is known as the dead-ball era, during which players would rarely hit home runs. Professional baseball in the United States survived a conspiracy to fix the 1919 World Series, which came to be known as the Black Sox Scandal. The sport rose in popularity in the 1920s and survived potential downturns during the Great Depression and World War II. Shortly after the war, Jackie Robinson broke baseball’s color barrier.

2. The Commissioner of Baseball is the chief executive officer of Major League Baseball (MLB) and the associated Minor League Baseball (MiLB) – a constellation of leagues and clubs known as ‘organized baseball’.

3. McDaniel, RJ. ‘Demystifying the MLB Constitution (Part 1).’ The Hardball Times, tht.fangraphs.com/demystifying-the-mlb-constitution-part-1/. 

4. MLB Constitution means the Major League Constitution (which amended and superseded the Major League Agreement dated January 1, 1975, the Agreement in re Major Leagues Central Fund dated as of December 8, 1983, as amended, and the respective constitutions of the former American and National Leagues of Professional Baseball Clubs).

5. Federal Baseball Club v. National League, 259 U.S. 200 (1922): ‘the business is giving exhibitions of baseball, which are purely state affairs’; that is, that baseball was not interstate commerce for the purposes of the Sherman Act.

6. Federal Baseball Club v. National League, 259 U.S. 200 (1922): ‘the business is giving exhibitions of baseball, which are purely state affairs’; that is, that baseball was not interstate commerce for the purposes of the Sherman Act.

7. ‘Mets and the Citi: $400 Million for Stadium-Naming Rights Irks Some.’ CNN, Cable News Network, edition.cnn.com/2009/US/04/13/mets.ballpark/. 

8. The name of Mets’ Citi Field will add 400 million dollars over a period of 20 years, while Astros’ Minute Maid Park will add 170 million dollars over 28 years, and Twins’ Target Field will attract 125 million dollars over 25 years.

9. Business address

1631 MESA AVENUE SUITE D, COLORADO SPRINGS, CO, 80906

10. Mailing address

SAMUEL N. MOORE 5027 BACKLICK ROAD, ANNANDALE, VA, 22003

11. Principal Name

BROOKS ROBINSON

Principal Title

PRESIDENT

Principal Business address

NONE,

Principal Residence address

THE COLONNADE, 3801 CANTERBURY ROAD, APARTMENT 601, BALTIMORE, MD, 21218, United States

Principal Name

FRED VALENTINE

Principal Title

SECRETARY

Principal Business address

NONE,

Principal Residence address

4838 BLAGDEN AVENUE, N.W., WASHINGTON, DC, 20011, United States

Principal Name

SAMUEL N. MOORE

Principal Title

ASST. SEC.

Principal Business address

NONE,

Principal Residence address

5027 BACKLICK RD., ANNANDALE, VA, 22003, United States

12. Agent Name

THOMAS G. PARISOT

Agent Business address

41 CHURCH STREET, WATERBURY, CT, 06723, United States

Agent Residence address

110 APPLE HILL DRIVE, WATERBURY, CT, 06795, United States

13. Address

1271 Avenue OF The Americas

New York, NY, 10020-1300
United States

14. Phone

(212) 931-7800

15. 12 E 49TH St FL 24

New York, NY, 10017-8207
United States

16. Phone

(212) 826-0808

17. Name: THE CORPORATION

Address:245 PARK AVENUE, NEW YORK, NY, United States, 10167

18. Major League Baseball Scouting Bureau Address

245 Park Ave FL 34

New York, NY, 10167-0002
United States

19. Phone

(909) 980-1881

20. CORPORATION SERVICE COMPANY

Address: 251 LITTLE FALLS DRIVE

City: WILMINGTON County: New Castle

State: DE Postal Code: 19808

HOW TO ENFORCE A FOREIGN ARBITRAL AWARD

US Supreme Court

Undisputed Legal | Process Service 

International arbitration is extensively utilized and is now an area of potential growth. This development is not least due to the fact that enforcing judgments under the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards is quite straightforward. However, United States courts are careful about enforcing foreign awards where there are significant doubts about the award’s authenticity, especially refusing enforcement where questions and serious points of law arise

Many businesses include clauses in their contracts that allow for international arbitration as a way to mitigate risk in cross-border transactions. To resolve an issue, arbitration clauses are. mostly specified under neutral arbitration tribunals. These clauses enable arbitration before a tribunal and usually will use ICC rules or those of a similarly reputed arbitration organization affiliated with the American Arbitration Association or the London Court of International Arbitration.

[1.0] HOW DOES ARBITRATION UNDER THE NEW YORK CONVENTION WORK.

When companies choose international arbitration, they often select New York Convention arbitration since judgments issued by an international arbitral tribunal are enforceable across the globe. As to the significance of the terms of the New York Convention specifically, the treaty holds great value since it has been signed by 158 countries, including major trading nations.  It is thus enforced according to two major principles: [A.] an ‘agreement to arbitrate’ which includes an arbitration clause, and [B.] the final judgment nature of an arbitral award, undertaken with specific exceptions, against each contracting country.   Under the Federal Arbitration Act, the New York Convention has been put into United States law.

For arbitration under the auspices of the New York Convention, an authentic copy of the award is required to be submitted to the court and as long as that judgment is enforceable, it will be accepted by the courts. However, the losing party still stands a chance in US courts if it can establish a basis for non-recognition under Article V of the New York Convention.

Article V of the New York Convention allows non-recognition under the conditions of [A.] the arbitration agreement is invalid; [B.] the losing party not being properly notified of the arbitral proceedings; [C.]  the award ‘dealing with a difference not contemplated by or not falling within the terms of the submission to arbitration, or containing decisions on matters beyond the scope of the submission to arbitration; [D.] the tribunal composition being improper; [E.] the award ‘being set aside or suspended by a competent authority of the country in which, or under the law of which, that award was made;’  [F.] the ‘subject matter of the dispute not being ‘capable of settlement by arbitration under that country’s law; or [G.]  award enforcement being contrary to ‘public policy.’

[2.0] ISSUES WITH IMPLEMENTATION OF ARTICLE V

In Federal law, the reasons in Article V are clearly defined as limitations. In these instances, U.S. courts often refuse to enforce international arbitral judgments that are contested by the losing party in order to evade the scope of the award itself.  Majorly, in KG Schifffahrtsgesellschaft MS Pacific Winter MBH & CO. v. Safesea Transport, Inc, the court noted that ‘courts have strictly applied the Article V defenses and generally view them narrowly,’ and maintained  ‘the Convention does not sanction the second-guessing of an arbitrator’s interpretation of the parties agree as this type of judicial review frustrates the basic purpose of the arbitration.’

Consideration must be given to different rules of procedure and jurisdiction when bearing in mind the enforcement of international arbitral decisions in the United States since foreign money judgments are handled differently. Furthermore, the type of arbitral award at issue in the enforcement action should be mentioned clearly as well as a clarification regarding whether the action seeks to enforce a domestic or non-domestic award (via the court’s primary jurisdiction or the court’s secondary jurisdiction). It must be known that the way the pleadings have been set out is a major indicator of what jurisdiction the award may be, especially determining whether the action is for a domestic award under the primary jurisdiction of the federal court or whether the award is a foreign arbitral award under its secondary jurisdiction. This information is critical since it determines how to enforce an arbitral judgment issued outside of the United States.

[3.0] FORM OF THE AWARD

Recognition and enforcement of arbitral awards are governed in the United States chiefly by the Federal Arbitration Act (FAA), although other provisions of law can apply as well. Most of the time, the Federal Arbitration Act (FAA) is the arbitral award recognition and enforcement authority in the United States. Whether the arbitration award under consideration is governed by which of the three chapters under the FAA depends on whether the award is domestic or foreign.  

The first chapter regulates domestic arbitration procedures and awards and instructs courts to enforce arbitral decisions unless certain reasons are present for setting them aside. Chapter 2 implements the Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958 (the New York Convention) and Chapter 3 implements the Inter-American Convention on International Commercial Arbitration (also known as the Panama Convention), which largely tracks the New York Convention for the purposes of recognition and enforcement.

The enforcement of awards made by the International Centre for Settlement of Investment Disputes (ICSID) is governed by the Washington (ICSID) Convention, which is implemented in the United States by 22 USC Section 1650a; the FAA does not apply to the enforcement of ICSID awards.

[3.0] WHAT CONSISTS OF PERSONAL JURISDICTION

Memorably, since arbitral award enforcement procedures differ from other forms of money judgment enforcement, there are significant procedural differences between them. There is no standard federal legislation for enforcing foreign money judgments in the United States, and the country is not a party to any treaties regarding this issue. For this reason, state laws and procedures govern the execution of foreign judgments in the United States.

For a detailed understanding as to the hurdles that might be involved in personal jurisdiction, it is imperative to analyze the effect that Daimler AG v. Bauman has had in recognition and enforcement proceedings. Personal Jurisdiction is a U.S. law concept that signifies the power of a court to determine the rights and liabilities of a party involved in a lawsuit.

A solution as to enforceability is the consent amongst arbitration parties – consent being a cornerstone of arbitration- ensured by virtue of an enforcement clause. While the overwhelming majority of arbitration judgments are honored willingly, certain parties may not choose to comply with verdicts rendered against them. Since ‘arbitral awards are not self-enforcing in the U.S., they must, therefore ‘be given force and effect by being converted to judicial orders by courts‘. By implementing these efforts, U.S. courts expect that litigants must also satisfy state and federal constitutional and legal criteria regulating personal jurisdiction in order to attempt to convert an arbitral decision to a domestically enforceable judgment. For this reason, prior US District Court judgments have ruled that both the New York Convention and the Panama Convention impose limits on how someone may challenge an arbitration award’s recognition and enforcement.

Although the Conventions do not change the basic constitutional requirement that the person or entity against whom enforcement is sought must be subject to the jurisdiction of the court to which enforcement is requested, they do increase the possibilities for relocating assets. Even when jurisdictional criteria are fulfilled, the court may dismiss an enforcement action started in a state because the state is an unfriendly forum. 

Broadly speaking, federal and state constitutional and legal criteria for personal jurisdiction may be met in three primary ways. The first step in executing a judgment in a state other than the debtor’s state of residence is to [A.]  demonstrate that the enforcing party has ‘general’ or ‘all purpose’ jurisdiction. Additionally, an enforcing party may [B.]  attempt to establish particular or ‘specific’ jurisdiction by establishing that the corporate agent or person who happens to be in the state that offers the litigation has committed certain single or occasional actions. In addition, there is case law that allows a party to base jurisdiction on [C.] the assets of the award debtor (i.e., the in rem jurisdiction particularly surrounding property).

[3.1] UNDERSTANDING THE DAIMLER STANDARD

In 2014, the U.S. Supreme Court (the ‘Supreme Court’) issued an opinion in Daimler AG v. Bauman. The Supreme Court’s decision is understood to be ‘general’  jurisdiction for the purpose of a lawsuit against a company at its main place of business or incorporation and similar general jurisdiction for a lawsuit against a foreign person at their domicile. The Supreme Court’s decision is seen as having ‘marked a dramatic change in the law’ because it may have eliminated the previous rule that permits general jurisdiction (corporate ‘presence’ in a state in which it ‘does business’ for both ‘continuously and systematically’) in the event the corporation is no longer present in that state. Arbitration award enforcement procedures in the U.S. have had a notable effect because of this and federal courts have articulated the Daimler standard for recognition and enforcement cases.

This change in the standard for ‘general’ jurisdiction from a lower standard of operating business activities to a higher threshold of physical presence via proof of the place of incorporation in a state has posed challenges for parties in such proceedings who cannot demonstrate continuous and systematic business operations. Foreign parties may thus find themselves facing costly and/or lengthy litigation targeted at locating assets or people who may provide the jurisdictional connections required to get a U.S. court to exercise ‘general jurisdiction.’ In reality, this implies that a foreign party will likely be unable to implement its arbitration decision in the U.S. for many years, even if it underwent the litigation necessary

However, depending on property-based jurisdiction is subject to significant restrictions. The award will only be confirmed up to the assets existing in the jurisdiction. It is not just property orders that courts may hesitate to issue, but also other alleviating measures, including orders against property. Since jurisdiction that depends on the concurrent presence of the property in the forum state may also possibly be defeated by transferring the property out of the forum state, this might also award debtors the ability to defeat in rem jurisdiction. Award creditors try to avoid this situation by attempting to secure a pre-judgment attachment of properties as falling under the law of the state, which happens upon the conversion of a foreign arbitral award into an equanimous foreign judgment. 

[4.0] EFFECTIVE PERSONAL JURISDICTION 

Faced with the above conundrums, parties should include a provision in their arbitration clause addressing enforcement issues in the U.S.

The parties’ agreement may contain an arbitration clause that addresses the arising of any enforcement obstacles in the U.S.  Courts of the United States has affirmed that people in the United States can consent to the exercise of personal jurisdiction for the purpose of enforcing a foreign arbitral award. While the judiciary may use a person’s Constitutional rights to establish jurisdiction, people retain the right to consent to personal jurisdiction by virtue of their own due process rights.  

When compared to setting personal jurisdiction according to ‘general’ jurisdiction, the U.S. courts have applied the more rigorous Daimler test of ‘general’ jurisdiction to foreign parties, and as a result, parties that utilize an arbitration agreement in these proceedings should include a forum selection provision in order to clear up questions of enforcement of arbitral awards.

There is no FAA regulation specifying the forms of the arbitral decision required. As noted in Section 13(b) of the FAA, when a party that has been awarded anything confirms, modifies or corrects that award, that party must provide the court with a copy of the award, thereby suggesting that awards must be in writing. Article IV(1)(a) of the New York Convention requires that award or certificate be presented ‘in a form in which it can be lawfully validated and which is issued with the authority of the relevant body.’ Most courts need an affidavit from a lawyer certifying that the copies are accurate and correct, although other courts may have different requirements based on the jurisdiction.

If an award has been rendered in the United States, Chapter 1, Section 11 of the FAA permits a party to move to modify or correct the award if [A.] the award contains ‘an evident material miscalculation of figures or an evident material mistake in the description of any person, thing or property, [B.] the arbitrators have issued a decision on a matter not submitted to them, or [C.] the form of the award is imperfect, but that imperfection does not affect the merits of the controversy. Any petition for modification or correction must be served within three months of the parties receiving the award. US courts may not revise or retract an award.

Under the New York Convention, the laws of the nation in which the award was made govern petitions to vacate or set aside awards. In the United States, arbitral awards cannot be appealed. Vacatur of arbitral awards given in the United States in only certain restricted situations is provided for, although this applies only to awards delivered in the United States.

An award must be filed or delivered within three months after service of notice of a petition to vacate the award. Required service of process may be time-consuming, especially when dealing with another country. As such, one should move to vacate an award as soon as practicable after filing or delivering the award so that time will be available to effect service.

Courts in the United States often accept interim judgments (such as partial or provisional decisions) by arbitrators prior to the final decision. Despite the widespread belief that only a final judgment may be set aside under the FAA, a number of federal courts have taken the position that an interim or partial award that resolves one and only one claim can be set aside because it decisively settles a distinct and independent claim.

For more information on serving legal papers, contact Undisputed Legal our Process Service department at (800) 774-6922. Representatives are available Monday-Friday 8 am – 8 pm EST.  If you found this article helpful, please consider donating.  Thank you for following our blog, A space dedicated to bringing you news on breaking legal developments, interesting articles for law professionals, and educational material for all. We hope that you enjoy your time on our blog and revisit us!  We also invite you to check out our Frequently Asked Questions About Process Servers.

Sources

1. Foster v. Neilson, 27 U.S. 253, 314 (1829). Valentine v. U.S. ex rel. Neidecker, 57 S.Ct. 100, 103 (1936); Medellin v. Dretke, 125 S.Ct. 2088, 2103 (2005); Sanchez-Llamas v. Oregon, 126 S.Ct. 2669, 2695 (2006).

2. De Rendon v. Ventura, U.S. District Court for the Southern District of Florida: Various parties entered into a settlement agreement concerning the share ownership in a Colombian pharmaceutical company, which provided for arbitration of disputes before an ICC tribunal in Bogota, Colombia.

 After a dispute arose, one of the parties obtained an arbitral award of $900,000 for breach of the agreement’s confidentiality provisions. The losing party opposed enforcement of the award on a variety of grounds under Article V of the New York Convention, including that the arbitration clause, as applied, had become ‘invalid’ because the ICC had improperly treated the case as an international (rather than domestic) arbitration. These and other challenges were rejected, with the court emphasizing ‘its ‘extremely limited’ review of arbitral awards and ‘the powerful presumption that the arbitral body acted within its powers.’

3. New Jersey District Court in the U.S. Federal District Court: A German shipowner received a $122,367.86 judgment against a U.S. business and sued the American firm for violation of a charter party agreement. One of the losing parties claimed that the award should be rejected because it was against public policy and was thus illegal.

4. Determining whether it is  domestic, nondomestic, or foreign

5. Whether confirmation, enforcement, or secondary jurisdiction enforcement

6. United States Arbitration Act (Pub.L. 68–401, 43 Stat. 883, enacted February 12, 1925, codified at 9 U.S.C. ch. 1

7. Epic Systems Corp. v. Lewis on May 21, 2018, the Supreme Court ruled that the FAA is not overridden by the protection of concerted activity established by the National Labor Relations Act of 1935, effectively making individual arbitration agreements in contracts wholly enforceable

8. Shearson/American Express Inc. v. McMahon, 482 U.S. 220 (1987)

9. 22 U.S. Code § 1650a – Arbitration awards under the Convention

10. Rogers, Catherine A., et al. ‘The Law Governing the Judicial Role in Investor-State Arbitration.’ The ALI Adviser, 11 May 2017, thealiadviser.org/international-commercial-arbitration/the-law-governing-the-judicial-role-in-investor-state-arbitration/.

11.  Restatement (Third) of the Foreign Relations Law of the United States § 481 CMT. an (Am. Law Inst. 1987

12. Power Partners MasTec, LLC v. Premier Power Renewable Energy, Inc., 2015 WL 774714 (S.D.N.Y. Feb. 20, 2015)

13 . Frontera Res. Azerbaijan Corp. v. State Oil Co. of Azerbaijan Republic, 582 F.3d 393, 397 (2d Cir. 2009).

14. Monegasque De Reassurances S.A.M. (monde Re) v. Nak Naftogaz of Ukr., 311 F.3d 488, 495-96 (2d Cir. 2002).

15. CME Media Enters. B.V. v. Zelezny, 2001 WL 1035138 (S.D.N.Y. Sept. 10, 2001

16. Daimler AG v. Bauman 134 S. Ct. 746 (2014)

17. CME Media Enters. B.V. v. Zelezny, 2001 WL 1035138 (S.D.N.Y. Sept. 10, 2001

18. UNCITRAL, Report on the Survey Relat-ing to the Legislative Implementation of the  Convention on the  Recognition and Enforcement of Foreign Arbitral Awards, U.N. Doc. A/CN.9/656/Add.1,    8  (2008)

19. The arbitration award is converted into a foreign judgment acknowledging the award, and then the award is sought recognized in the United States. When there is no resistance to the enforcement action, the personal jurisdiction requirements for recognition of foreign judgments are considerably more permissive.

20. Brown v. Lockheed Martin Corp., 814 F.3d 619, 625 (2d Cir. 2016). Parties usually express their consent through forum selection clauses or contractual consent provisions.

21. Article IV(1)(a) of the New York Convention requires the presentation of a ‘duly authenticated original award or a duly certified copy thereof’ as a condition for recognition

HOW TO SERVE LEGAL PAPERS ON THE ELECTRIC RELIABILITY COUNCIL OF TEXAS (ERCOT)

ERCOT

Undisputed Legal | Process Service

Electric Reliability Council of Texas (ERCOT) is an American company that runs the Texas Interconnection, a massive electric grid that serves more than twenty-five million consumers in Texas and makes up an overwhelming majority of the state’s electric load. ERCOT is the first independent energy-regulating organization (ISO) in the United States and one of nine ISOs in North America. 

ERCOT (the system operator for the area) is responsible for transmitting electricity from where it is generated to where it is needed on the grid, which comprises nearly fifty thousand miles of transmission lines and over six hundred generating units.

[1.0] WHAT DOES ERCOT DO 

ERCOT administers the Texas Interconnection, which serves almost all of Texas.  Unlike other systems, the Texas Interconnection is not linked to any other grids, which exempts ERCOT from the Federal Energy Regulatory Commission (FERC) rules including those that deal with rate control and transmission. Instead, ERCOT is governed by the Public Utility Commission of Texas, not by elected officials. 

Electricity is a vital commodity, important in the residential, commercial, and industrial sectors. Power is generally controlled in two distinct categories, [A.] wholesale electricity sales and transmission in interstate commerce is regulated by the Federal Energy Regulatory Commission (FERC) and [B.] local distribution and retail sales of power. Local distribution is mostly controlled by the state itself, although certain towns and electric cooperatives control such operations on their own. Texas’ electrical system is not electrically linked to any other transmission grid. In Texas, the Electric Reliability Council of Texas (ERCOT) manages retail and wholesale energy sales, transmission, and distribution, and is controlled by the Public Utility Commission of Texas.

[2.0] HOW IS ERCOT ORGANISED

ERCOT is a membership-based 501(c)(4) non-profit corporation. A 501(c) organization is one kind of non-profit organization exempt from some federal income taxes under United States federal law.

ERCOT is administered by a board of directors consisting of representatives from each of the market sectors within the ERCOT organization. The board of directors of ERCOT is controlled by the Public Utility Commission of Texas (PUC) and the Texas Legislature. The Public Utility Commission of Texas has exclusive authority over all ERCOT-conducted activities. Three commissioners are appointed by the governor of Texas, including the chair. 

[2.1] ERCOT AS A NON-PROFIT

A non-profit corporation is a corporation whose whole earnings are reinvested into the organization rather than distributed to members, the directors, or officers. To establish a non-profit corporation and its Texas Process Service guidelines, an initial Certificate of Formation is filed with the Secretary of State. An organization established as a not-for-profit may be set up for any legal purpose. It is imperative for the purpose of the organization to be specified in the organization’s certificate of the establishment.

While a non-profit corporation or a similarly unincorporated association in Texas is free from federal and state taxes, this rule does not always apply to other non-profit corporations (or unincorporated associations.) An organization becomes exempt from paying taxes as long as it meets certain criteria and submits a joint application with the IRS and the Texas Comptroller of Public Accounts. 

It must be noted herein that there has been recent mistrust about whether ERCOT should be classified as a non-profit or whether it functions as a government agency. This question primarily stems from the fact that ERCOT enjoys some privileges hitherto reserved majorly for governmental organizations. This is most clearly seen in the well-established legal concept of sovereign immunity, wherein ERCOT– appearing as a state agency– is protected from legal action. ERCOT, a private non-profit organization that operates under the authority of the Texas Legislature and the Public Utility Commission, is the only grid manager in the nation to have these safeguards.

The interpretation has been provided by ERCOT itself. ERCOT has on multiple occasions provided Texas Process Service details as to its establishment as a membership 501(c)(4) nonprofit organization.  The issue still remains that the regulatory authority which governs ERCOT is also made up of several levels of government, being federal, state, and local. Additionally, the financing for any ERCOT initiative is derived from a surcharge placed on energy customers’ monthly bills. ERCOT’s finances, budget, and operations are entirely within the jurisdiction of the PUC, with supervision by the Texas Legislature.

[3.0.] HOW TO SERVE PROCESS ON A NON-PROFIT CORPORATION

Texas Process Service may be done upon officers or higher personnel apart from upon the registered agent for any non-profit corporation.  A non-profit corporation must have at least three directors, one president, and one secretary. A person may be either the president or the secretary since two offices cannot be held by the same individual. It should be remembered at this junction that any corporation may pay fair remuneration for services provided to the company, none-profit corporations are still allowed to pay reasonable compensation for rendered services. The Secretary of State does not make judgments about what constitutes fair pay or reasonable compensation.

Statutory authority allows the Texas Attorney General to [A.] examine charities that operate as non-profit organizations, and [B.] conduct an inspection of any and all corporations, including non-profits, and their Texas Process Service records. Conversely, the Secretary of State does not share this power. The IRS has the power to remove a non-profit organization’s tax-exempt status for breaking the law.

Members of non-profit corporations in Texas are given the right to view and copy the corporation’s books and documents if they provide a written request. If lawful and legitimate purposes may be furnished, then the documents can be seen and copied by the member. In addition, non-profit corporations are mandated to retain accounting records. The provision also directs some non-profit corporations to make all of their financial documents, books, and annual reports publicly accessible for examination and copying.

Charitable non-profits must make their records accessible to the public under the Texas Public Information Act if it is in the best interest of the people they are serving. 

[3.1] NON-PROFIT REQUIREMENTS WITH THE IRS

Unless there is an exemption, every tax-exempt organization must submit an annual information return or notice with the IRS. Form 990, Form 990-EZ, and Form 990-PF have required returns every year. Additionally, a yearly notification, known as Form 990-N is sent. The IRS’ main information-gathering tool is Form 990, which assists in the identification of tax-exempt organizations, the understanding of tax obligations, and the promotion of Texas Process Service compliance. 

With Form 990, an organization shares program information with the public. In addition, many states base their supervision of non-profit organizations on Form 990, which they use to fulfill regulatory and oversight duties, as well as to meet state income tax filing obligations for organizations that have claimed exemption from state income tax.

In Texas, a non-profit organization that regularly fundraises for a cause in the state must register with the state as a for-profit company and get an Application for Registration. If the company has solely non-interstate commerce connections or independent contractors in Texas, it presumably is not “transacting business” in Texas.

The Secretary of State will compel any out-of-state non-profit company that participates in a state employee philanthropic campaign to register with the Secretary of State regardless of the method of solicitation. To acquire a copy of the certificate of formation or other filing papers held by the Secretary of State, an individual conducting Texas Process Service should contact the records team and provide the entity’s Texas non-profit corporation creation date.

In contrast to the Secretary of State, a non-profit organization’s governing documents, as well as any tax-exempt filings, are not maintained by the organization itself. IRS-approved organizations are legally obligated to make certain records publicly accessible. If a bylaw is made part of the organization’s exemption application, it may be accessible.

[4.0] HOW TO SERVE ERCOT

Electric Reliability Council of Texas, Inc is a domestic not-for-profit corporation active in  Texas.  The entity is a membership-based 501(c)(4) non-profit corporation, established on 10th October 1990. The Secretary of State may be appointed or deemed to have been appointed as the statutory agent for Texas Process Service for a person under certain circumstances. These circumstances are specifically established by various provisions of Texas law. 

A Texas-based filing entity may be served through the Secretary of State if [A.] the entity fails to appoint or maintain a registered agent, or [B.]  the entity’s registered agent cannot with reasonable diligence be found at the registered office. Texas Process Service on a registered agent may be performed in the manner allowed by law for service of a summons. This Texas Process Service works as if the agent were a defendant and therefore serves the agent. 

ERCOT retains CT Corporation as a registered agent. Although Texas Process Service can be performed on a domestic or authorized foreign corporation, limited liability company, limited partnership, or limited liability partnership, this  Texas Process Service typically requires that two copies of the Texas Process Service be personally served on the Secretary of State or any person authorized by them at the Department of State. If the entity accepts Texas Process Service on behalf of the entity, the Department of State will send the process to the entity’s offices.

If Texas Process Service is levied on the Secretary of State as an agent of a domestic corporation should be done by [A.] delivering to the secretary duplicate copies of the Process Service, and [B.] accompanying the copies with any fee required maintenance by the secretary of a record of the Texas Process Service and forwarding by the secretary of the Process Service, notice, or demand. It must be noted that the Texas Process Service notice on the Secretary of State is returnable in not less than thirty days.

After Texas Process Service has been levied upon the Secretary, the secretary of state should immediately send one of the copies of the Texas Process Service to the named entity. It is necessary for the Process Service to notice to be [A.] addressed to the most recent address of the entity and [B.] sent by certified mail, with return receipt requested.

ERCOT supervises and guarantees the interconnection’s transmission dependability by controlling electricity’s inbound and outbound supply through the Texas Interconnection. Further, the entity also coordinates and systematically distributes power inside the interconnection. ERCOT manages the competitive wholesale bulk-power market’s financial settlements and provides for open access to the transmission system.

For more information on serving legal papers, contact Undisputed Legal our Texas Process Service department at (800) 774-6922. Representatives are available Monday-Friday 8 am – 8 pm EST.  If you found this article helpful, please consider donating.  Thank you for following our blog, A space dedicated to bringing you news on breaking legal developments, interesting articles for law professionals, and educational material for all. We hope that you enjoy your time on our blog and revisit us!  We also invite you to check out our Frequently Asked Questions About Process Servers.

Sources

1. ERCOT collaborates with the Texas Reliability Entity (TRE), one of eight regional organizations that form NERC’s Reliability Organization (RO).

2. Blunt, Katherine, and Russell Gold. ‘The Texas Freeze: Why the Power Grid Failed.’ The Wall Street Journal, Dow Jones & Company, 19 Feb. 2021, www.wsj.com/articles/texas-freeze-power-grid-failure-electricity-market-incentives-11613777856. 

3. ‘ERCOT.’ Federal Energy Regulatory Commission, 13 July 2020, www.ferc.gov/industries-data/electric/electric-power-markets/ercot. 

4. As defined by Internal Revenue Code Section 501(c) (26 U.S.C. 501(c)).

5. Sullivan, Sean. ‘What Is a 501(c)(4), Anyway?’ The Washington Post, WP Company, 28 Apr. 2019, www.washingtonpost.com/news/the-fix/wp/2013/05/13/what-is-a-501c4-anyway/. 

6. ‘ERCOT Report Confirms Gas- and Coal-Fired Plant Outages Played Big Role in June Grid Woes.’ Dallas News, 9 July 2021, www.dallasnews.com/news/politics/2021/07/08/ercots-june-outage-report-confirms-texas-natural-gas-and-coal-plant-failures/. 

7. Casey, Rick, et al. ‘ERCOT’S Convenient Identity Crisis.’ San Antonio Report, 29 June 2021, sanantonioreport.org/ercot-convenient-identity-crisis/. 

8. Takahashi, Paul. ‘Texas Supreme Court to Decide If ERCOT Is Immune from Storm Lawsuits.’ Houston Chronicle, Houston Chronicle, 22 Feb. 2021, www.houstonchronicle.com/business/energy/article/Texas-Supreme-Court-to-decide-whether-ERCOT-is-15968323.php. 

9. Elec. Reliability Council of Texas, Inc. v. Panda Power Generation Infrastructure Fund, LLC, 552 S.W.3d 297, 319 (Tex. App. –2018, pet. granted)

10. Pursuant to section 1.002(53) of the Texas Business Organizations Code, a ‘member’ of a nonprofit corporation is a person who has membership rights in the nonprofit corporation under its governing documents.’  Members of a nonprofit corporation are similar to shareholders of a for-profit corporation in that both members and shareholders may have significant rights with respect to internal corporate governance.  Unlike shareholders, however, members of a nonprofit corporation are typically not owners and are not issued stock.

11. As specified under the Texas Business Organizations Code

12. An officer or director must be a natural person, although it is also acceptable to refer to them using other titles

13. However, section 22.353 does not apply to (1) corporations that solicit funds only from their members; (2) corporations that do not intend to solicit and do not actually receive contributions in excess of $10,000 during a fiscal year from sources other than their members; (3) proprietary schools; (4) religious institutions; (5) trade associations or professional associations whose principal income is from dues and member sales and services; (6) insurers; or (7) alumni associations of public or private institutions of higher education.

14. The statute that deals with the provision of public information under Section 552.003(1)(A) of the Public Information Act specifically includes, ‘apart, section or portion of an organization, corporation, commission, committee, institution, or agency that spends or that is supported in whole or in part by public funds

15. ‘Form 990 Resources and Tools.’ Internal Revenue Service, www.irs.gov/charities-non-profits/form-990-resources-and-tools. 

16. Available at corpcert@sos.texas.gov or 512-463-5555

17. 7620 METRO CENTER DR AUSTIN, TX 78744-1613

18. Section 5.251 of the BOC sets forth the instances where the Secretary of State is an agent of an entity for purposes of service of process, notice, or demand. 

19. 1999 BRYAN STREET SUITE 900 DALLAS, TX 75201

20. Sec. 5.201.  DESIGNATION AND MAINTENANCE OF REGISTERED AGENT AND REGISTERED OFFICE.  (a)  Each filing entity and each foreign filing entity shall designate and continuously maintain in this state:

(1)  a registered agent;  and

(2)  a registered office.

(b)  The registered agent:

(1)  is an agent of the entity on whom may be served any process, notice, or demand required or permitted by law to be served on the entity;

(2)  may be:

(A)  an individual who:

(i)  is a resident of this state; and

(ii)  has consented in a written or electronic form to be developed by the office of the secretary of state to serve as the registered agent of the entity; or

(B)  an organization, other than the filing entity or foreign filing entity to be represented, that:

(i)  is registered or authorized to do business in this state; and

(ii)  has consented in a written or electronic form to be developed by the office of the secretary of state to serve as the registered agent of the entity; and

(3)  must maintain a business office at the same address as the entity’s registered office.

(c)  The registered office:

(1)  must be located at a street address where the process may be personally served on the entity’s registered agent;

(2)  is not required to be a place of business of the filing entity or foreign filing entity;  and

(3)  may not be solely a mailbox service or a telephone answering service.

(d)  A registered agent that is an organization must have an employee available at the registered office during normal business hours to receive service of process, notice, or demand.  Any employee of the organization may receive service at the registered office

HOW TO SERVE LEGAL PAPERS ON GENERAL ELECTRIC COMPANY

General Electric Company

Undisputed Legal | Process Service 

A diverse global corporation based in Boston and New York City, General Electric Company (GE) offers goods such as power production, renewable energy, industrial aircraft, and healthcare. The firm’s operating sectors include aviation, healthcare, electricity, renewable energy, digital industry, additive manufacturing, and venture capital and financing.  In more than a hundred and fifty countries, GE supports clients in manufacturing and service activities.

General Electric usually works in sectors that need constant investment in Research & development Siemens AG and Schneider Electric both stand out as major rivals (SBGSF).

[1.0] HISTORY OF GENERAL ELECTRIC

The name GE evokes images of lightbulbs, televisions, and washing machines.  The birth of GE occurred at the same time as a scramble to provide cheap light and energy to drive the industrial development of the United States. It subsequently became an iconic household brand. The combination between the Thomson-Houston Company and the Edison General Electric Company provided the impetus for incorporation in 1892.

GE began making light bulbs, an electric train, early x-ray equipment, and an electric stove as some of its first products. The firm was recognized for revolutionizing the American house with its mass-produced electric home equipment in the 1920s. The vacuum technology developed by GE is also what spurred the creation of microwave and radar systems. It served the military during World War II and during the years 1949-1953 by producing equipment and executives, and in 1953 it produced the J-47, the most popular jet engine in history. GE was an early pioneer in laser light technology and medical imaging in the 1960s and 70s.

General Electric has had its ups and downs during the past several years.   Investor confidence has dipped and the conglomerate has had to make efforts to turn around its woes by reorganizing verticals, spinning off businesses, and selling off business lines. GE still owns and operates many companies notwithstanding recent divestments.

[2.0] WHAT DOES GENERAL ELECTRIC DO

GE operates through four industrial segments and a financial segment. Its four industrial segments are [A.] Power and Energy, [B.] Renewable Energy, [C.] Aviation, and [D.] Healthcare. Its financial segment is GE Capital. 

2.1. GE POWER AND GE ENERGY

GE Energy was divided into three subsidiaries: [A.] GE Power, [B.] GE Energy Connections, and [C.] GE Oil & Gas. In 2016, GE merged its Oil & Gas segment with Baker Hughes Incorporated in a deal valued at over thirty billion. When the merger was complete, the Oil & Gas segment represented GE’s ownership interest of just over half of the newly merged company.

GE Power was the former bedrock of General Electric. Now, GE Power is a wholly-owned subsidiary and substantiates the biggest business division for General Electric. GE Power designs and manufactures products and services related to energy production, wherein its products and technologies utilize oil, gas, fossil, diesel, nuclear, and water to produce electric power. GE Power offers gas and steam turbines, and a full balance of plant, upgrade and service solutions and produces systems that generate power using wind, oil, gas, and water.

GE Oil and Gas was formed in Texas on 27th January 1998. The company is available for Process Service therein. 

GE Energy Management Services, LLC is located in Atlanta, Georgia, United States, and has been part of the Electric Utilities Industry from 4th January 2002. The entity was, however, incorporated in Delaware and is thus a foreign limited liability company, retaining CT Corporation as its registered agent for Process Service.

2.2. GE RENEWABLE ENERGY

GE Renewable Energy is the company’s energy management division focused on the distribution, conversion, automation, and optimization of energy sources. GE Renewable Energy offers end-to-end solutions for customers and provides onshore and offshore wind, blades, hydro, storage, solar, and grid solutions, as well as hybrid renewables and digital services. By focusing on an area that promotes sustainability and increased efficiency, GE Renewable Energy is considered as a stepping stone for General Electric to recover its footing from the recent dip in consumer activity.  

2.3. GE AVIATION

GE Aviation is an aerospace manufacturer and creator of engines, integrated engine components, electricity, and mechanical aircraft systems. GE Aviation manufactures jets and turboprop engines, and it also assists large aviation companies with their software needs. Furthermore, it offers aftermarket services to help its products function better. In contrast to GE’s other business divisions, the only ones that see steady growth are those operated by GE Aviation.  GE Aviation has also spurred on the inculcation of jet engines that are linked to the internet, which would reduce fuel costs and delays at airports.

GE Aviation develops and manufactures both commercial and military aircraft engines, as well as aircraft engines integrated into a complete system. The overarching corporation provides a wide range of post-sale services by virtue of its subsidiaries.

Jets manufactured for military airframes are manufactured through GE. A broad range of military aircraft is powered by GE’s military engine lineup, which includes fighter jets, bombers, tankers, helicopters, and observation planes. GE offers services including the repair, maintenance, and overhaul of mechanical components, plus the sales of replacement parts. systems and other is a commercial and military vendor of engines, components, systems, and services The scope of this research covers business, general aviation, and aerodynamic-derived business sectors, together with avionics systems, electric power systems, and various gears and transmissions. Furthermore, GE’s Military subsection provides a broad range of goods and services such as laser additive systems (from Concept Laser), metal powder additives (such as AP&C), and consulting services under the AddWorks brand.

GE Military Systems is located in Cincinnati, is considered a general partnership company for purposes of Process Service. The entity was formed on 16th September 2008.

2.4. GE HEALTHCARE

GE Healthcare offers a wide range of high-tech medical devices and treatments. This organization has considerable experience in imaging technology, digital solutions, patient monitoring, and diagnostics, as well as the development of new drugs. Additionally, ventilators, monitoring solutions, x-ray, anesthetic, and point-of-care ultrasound product lines were popular between 2020 and 2021. Products and services mainly for the hospital and medical facility industry are marketed to segments like these. Even with the imminent sale of GE Healthcare’s biopharma division for over twenty billion USD, this remains one of the company’s most critical divisions.

GE stated in June of 2018 that it planned to split its GE Healthcare business into a distinct, publicly-traded company, with intentions to monetize about twenty percent of the company and provide the rest to stockholders tax-free.

2.5. GE CAPITAL

GE Capital provides financial products and services with a focus on customers and markets aligned with the company’s industrial businesses. It offers leases, sale-leasebacks, asset trading and servicing, underwriting, working capital, insurance, and other financial products and services.

[3.0] HOW TO SERVE GENERAL ELECTRIC AND ITS SUBSIDIARIES

  1. GENERAL ELECTRIC COMPANY

General Electric filed its Department of State incorporation certification on 17th January 1989, being eligible for New York-based jurisdiction. The Corporation is, however, headquartered in Boston instead. The Department of State is therefore supposed to mail Process Service to the entity in case they ever receive Process Service on their behalf, although Process Service may also be accepted by a -principal officer of the company. Additionally, General Electric Company retains CT Corporation Systems as its registered agent for acceptance of Process Service.

The Corporation has been typified as a stock corporation. Stock companies are for-profit businesses that generate money by issuing shares of stock to shareholders, and each share constituting a portion of the corporation and conferring specific ownership rights on shareholders that influence corporate policy. Generally, however, the company and its owners are regarded as separate legal entities for purposes of Process Service. Unlike non-stock companies, which are not formed for-profit and are not allowed to issue company stock, stock corporations are usually organized for profit and may generate money for operations or growth by issuing company stock to investors.

  1. GENERAL ELECTRIC INTERNATIONAL, INC.

General Electric International, Inc. is located in Cincinnati, OH, the United States and is part of the Engineering Services Industry. The entity was originally formed in Delaware and thus comes under Delaware jurisdiction for Process Service. 

General Electric International was formed on 12th March 1986 as a stock-type business. The registered agent of a foreign company authorized to do business in Connecticut acts as the corporation’s agent for the purpose of serving any Process Service or notice necessary.  Since General Electric International comes under Delaware jurisdiction, it acts as a foreign corporation for Process Service requirements. If the registered agent is not the Secretary of State or their deputies, Process Service may be accomplished by leaving a genuine and certified copy of the Process Service with this agent.

General Electric International may be served Process Service by any proper officer or other people lawfully empowered to serve Process Service via registered or certified mail, return receipt requested, addressed to the Secretary at the foreign corporation’s principal office. The registered agent for Process Service upon General Electric International is CT Corporation System.  

  1. GE AVIATION SYSTEMS LLC

An American aerospace engineering, aircraft engine, and aircraft components company, GE Aviation Systems (previously Smiths Aerospace) is a major subsidiary of General Electric. It must be noted that before Smiths Group PLC. split up, Smiths Aerospace was one of four business divisions of the firm. However, on January 15, 2007, Smiths Group stated that they were divesting Smiths Aerospace to General Electric.

GE Aviation’s place of formation is in Delaware, although the business is located in Michigan. GE Aviation registered itself on 17th August 2005, predominantly in the business of Aircraft Engine and Engine Parts Manufacturing as a limited liability company for purposes of Process Service.  A foreign LLC is a legal entity established under the laws of another state, and Michigan has Process Service rules regarding the said establishment. 

Foreign LLCs must first obtain a Certificate of Authority from the Michigan Department Of Licensing And Regulatory Affairs before doing business in Michigan. The LLC must utilize this application to acquire a Michigan Certificate of Authority to Transact Business and adhere to Process Service parameters. No document may be submitted unless it meets the minimum requirements set out in the legislation.  Although carrying out specific operations does not by itself constitute conducting business, under the Michigan Limited Liability Company Act, such activities must be specified in order to qualify to be adequate under Process Service guidelines.

  1. GE CAPITAL GLOBAL FINANCIAL HOLDINGS, LLC

GE Capital serves clients and markets linked with GE’s industrial companies, operating under the GE Capital banner. The team of finance specialists focuses on connecting money to infrastructure, delivering innovative financial solutions in developing countries and established nations. 

GE Capital Global Financial Holdings, LLC is located in Norwalk, Connecticut, and acts as a domestic limited liability corporation in the state. As a business primarily centered around sales financing, GE Capital Global Financial Holdings, LLC has been a major stock corporation since 26th November 1997.  Although GE retains CT Corporation as its registered agent for Process Service, the Department of State forwarded Process Service often goes to GE’s principal office.

GE HEALTHCARE INC.

  1. GE Healthcare Inc is a subsidiary of General Electric, primarily operating as a pharmaceutical preparation manufacturing organization. GE Healthcare Inc was formed in Delaware, although its address for the business is in Marlborough.  The entity was formed on 28th October 1994 as a stock business. 

It must be known that although the business address for Process Service as well as the state of incorporation for GE Healthcare is different, the mailing address for GE Healthcare is observed in Cincinnati.  However, the office of the principal members of GE Healthcare remains in Marlborough. For simplified Process Service, GE Healthcare retains CT Corporation System as its registered agent.
It is also relevant to understand that
GE Medical Systems, Inc. is located in Waukesha, United States, and also is part of the Medical Equipment & Supply Wholesalers Industry. GE Medical Systems, Inc is a major contributor to the GE healthcare segment and supplies hospital equipment and furniture, X-ray apparatus, and tubes. Additionally, GE medical systems provide electromedical apparatus. 

GE PACKAGED POWER, LLC

  1. As a subsidiary of the GE power segment, GE Packaged Power, LLC was formed in Delaware, although the business address is located in Houston Texas for Process Service purposes.  The entity retains the common mailing address in Cincinnati ever since its formation on 22nd June 2018. 

As a subsidiary of General Electric, the principal office stems back to the original General Electric office, of which GE Packaged Power is a member. However, GE Packaged Power retains CT Corporation systems as its registered agent for Process Service. 

  1. GENERAL ELECTRIC APPLIANCES, INC

Incorporated in Louisville, Kentucky, GE Appliances is a large producer of household appliances.  The original place of formation for GE appliances in New York, wherein the company was formed on 24th September 1946. Ever since 2016, Haier home appliances company has been the majority owner of GE appliances.    The company is known for manufacturing under a variety of appliance brands, including GE, GE Profile, Café, Monogram, Haier, and Hotpoint.

Previously known as GE Appliances & Lighting, the business is currently owned by General Electric. GE’s trademark rights extend until 2056, as provided to Haier. However, Process service may still be provided to CT corporation as the registered agent. 

As one of the largest conglomerates in the United States, GE maintains ownership over dozens of companies and subsidiaries across many different segments. It is difficult to point out an area where General Electric has not made its presence felt since GE offers products in segments related to aviation, transportation, lighting, and more. In recent years, as it has faced declining stock prices and many other large-scale concerns, GE has been more likely to sell off portions of its business than to make new purchases. However, with a new team of leaders in the last several months and with an attempt to recover after the COVID-19 pandemic, the company may be in the position to make new acquisitions before long

For more information on serving legal papers, contact Undisputed Legal our Process Service department at (800) 774-6922. Representatives are available Monday-Friday 8 am – 8 pm EST.  If you found this article helpful, please consider donating.  Thank you for following our blog, A space dedicated to bringing you news on breaking legal developments, interesting articles for law professionals, and educational material for all. We hope that you enjoy your time on our blog and revisit us!  We also invite you to check out our Frequently Asked Questions About Process Servers.

Sources

1. ‘GE Announces Completion of GE Oil & Gas and Baker Hughes Merger.’ GE News, www.ge.com/news/press-releases/ge-announces-completion-ge-oil-gas-and-baker-hughes-merger.

2. In total, GE owned about 62.5% of Baker Hughes at the time of the acquisition. The Baker Hughes acquisition in July of 2017 contributed more than $5 billion in revenue growth for the first half of 2018. However, as of 2019, GE has stated its intention to sell down the remainder of its stake in Baker Hughes in the coming months and years

3. Products and services linked to energy generation are included in the Power segment. It produces electricity using oil, gas, fossil, diesel, nuclear, and water. Gas and steam turbines, as well as plant, upgrade, and service solutions are provided in this GE sector.

4. Scott, Alwyn. ‘Exclusive: GE’s Push to Fix Power Turbine Problem Goes Global.’ Reuters, Thomson Reuters, 7 Dec. 2018, www.reuters.com/article/us-ge-power-exclusive/exclusive-ges-push-to-fix-power-turbine-problem-goes-global-idUSKBN1O60F4. 

5. 333 West Loop Street Suite 800 Houston, TX 77017 United States

6. 4200 WILDWOOD PKWY, ATLANTA, GA, 30339-8402, USA

7. Rulison, Larry. ‘GE Moves Renewable Energy Headquarters from Schenectady to Paris.’ Times Union, Times Union, 19 Nov. 2015, www.timesunion.com/business/article/GE-moves-renewable-energy-headquarters-from-6642452.php. 

8. On March 10, 2021, GE announced that it has entered into a merger agreement with AerCap Holdings NV (AER) to combine their GECAS business for over $30 billion. GE’s sales indicate a continued shift in the company’s emphasis toward its industrial divisions. In the deal, GE intends to use the money to decrease its debt.

9. Gryta, Thomas. ‘GE’s Turnaround Hinges on Aviation Industry Hobbled by Coronavirus.’ The Wall Street Journal, Dow Jones & Company, 27 Apr. 2020, www.wsj.com/articles/ge-bet-on-aviation-to-pull-through-its-troubles-then-coronavirus-hit-11587985201. 

10. Business address

1 NEUMAN WAY, CINCINNATI, OH, 45215

11. Firstadopter. “GE Shares Pop after It Reveals Plan to Spin off Health-Care Unit, Post Best Day in 3 Years.” CNBC, CNBC, 26 June 2018, www.cnbc.com/2018/06/26/ge-shares-rise-after-it-announces-plan-to-spin-off-health-care-unit.html. 

12. Business address

5 NECCO STREET, BOSTON, MA, 02210, United States

13. Mailing address

191 ROSA PARKS ST. 12E-05-12, CINCINNATI, OH, 45202, United States

14. Principal Name

ROBERT GIGLIETTI

Principal Title

VICE PRESIDENT

Principal Business address

901 MAIN AVE, NORWALK, CT, 06851, United States

Principal Residence address

901 MAIN AVE, NORWALK, CT, 06851, United States

Principal Name

MICHAEL HOLSTON

Principal Title

SECRETARY

Principal Business address

5 NECCO STREET, BOSTON, MA, 02210, United States

Principal Residence address

5 NECCO STREET, BOSTON, MA, 02210, United States

Principal Name

H. LAWRENCE CULP JR.

Principal Title

CEO

Principal Business address

5 NECCO STREET, BOSTON, MA, 02210, United States

Principal Residence address

5 NECCO STREET, BOSTON, MA, 02210, United States

15. Agent Name

C T CORPORATION SYSTEM

Agent Business address

67 BURNSIDE AVE, EAST HARTFORD, CT, 06108-3408, United States

16. Business address

191 ROSA PARKS STREET, CINCINNATI, OH, 45202, United States

17. Mailing address

C/O GE LEGAL SHARED SERVICES 901 MAIN AVENUE, NORWALK, CT, 06851, United States

&&UY

18. Principal Name

VICTORIA VRON

Principal Title

SECRETARY

Principal Business address

901 MAIN AVENUE, THE TOWERS, NORWALK, CT, 06851, United States

Principal Residence address

901 MAIN AVENUE, THE TOWERS, NORWALK, CT, 06851, United States

Principal Name

AKHLESH MATHUR

Principal Title

TREASURER

Principal Business address

201 TALGARTH ROAD, THE ARK, HAMMERSMITH, LONDON, United Kingdom

Principal Residence address

201 TALGARTH ROAD, THE ARK, HAMMERSMITH, LONDON, United Kingdom

Principal Name

MARK BROWNING

Principal Title

DIRECTOR

Principal Business address

901 MAIN AVENUE, TRUMBULL, CT, 06851, United States

Principal Residence address

901 MAIN AVENUE, TRUMBULL, CT, 06851, United States

Principal Name

SCOTT INGLIS

Principal Title

DIRECTOR

Principal Business address

4200 WILDWOOD PARKWAY, ATLANTA, GA, 30339, United States

Principal Residence address

4200 WILDWOOD PARKWAY, ATLANTA, GA, 30339, United States

19. As specified in its application for a certificate of authority.

20. ‘GE Aviation Completes Acquisition of Smiths Aerospace Expanded Technology Platforms Grow GE Aviation Beyond the Engine.’ GE Aviation Completes Acquisition of Smiths Aerospace Expanded Technology Platforms Grow GE Aviation Beyond the Engine | GE Aviation, www.geaviation.com/press-release/business-general-aviation/ge-aviation-completes-acquisition-smiths-aerospace-expanded. 

21. Mailing address

191 ROSA PARKS ST. 12TH FLOOR, CINCINNATI, OH, 45202, United States

Last report filed

22. Business address

3290 PATTERSON AVENUE SE, GRAND RAPIDS, MI, 49512, United States

23. 901 MAIN AVENUE, NORWALK, CT, 06851, United States

24. Agent Name

C T CORPORATION SYSTEM

Agent Business address

67 BURNSIDE AVE, EAST HARTFORD, CT, 06108, United States

Agent Mailing address

67 BURNSIDE AVE, EAST HARTFORD, CT, 06108, United States

25. Principal Name

GE CAPITAL REALTY GROUP, INC.

Principal Title

MEMBER

Principal Business address

901 MAIN AVENUE, NORWALK, CT, 06851, United States

Principal Name

GEBAM, INC.

Principal Title

MEMBER

Principal Business address

901 MAIN AVENUE, NORWALK, CT, 06851, United States

Principal Name

PROPERTY ACQUISITION INITIATIVE, INC.

Principal Title

MEMBER

Principal Business address

901 MAIN AVENUE, NORWALK, CT, 06851, United States

26. 251 LOCKE DR., MARLBOROUGH, MA, 01752, United States

27. Mailing address

191 ROSA PARKS ST 12E-05-12, CINCINNATI, OH, 45202, United States

28. MARCO CAMPIONE

Principal Title

PRESIDENT

Principal Business address

251 LOCKE DRIVE, MARLBOROUGH, MA, 01752, United States

Principal Residence address

100 RESULTS WAY, MARLBOROUGH, MA, 01752, United States

Principal Name

VICTORIA VRON

Principal Title

SECRETARY

Principal Business address

901 MAIN AVENUE, NORWALK, CT, 06856, United States

Principal Residence address

901 MAIN AVENUE, NORWALK, CT, 06856, United States

Principal Name

MARCO CAMPIONE

Principal Title

DIRECTOR

Principal Business address

251 LOCKE DRIVE, MARLBOROUGH, MA, 01752, United States

Principal Residence address

100 RESULTS WAY, MARLBOROUGH, MA, 01752, United States

Principal Name

LAURA SULLIVAN

Principal Title

TREASURER

Principal Business address

251 LOCKE DRIVE, MARLBOROUGH, MA, 01752, United States

Principal Residence address

100 RESULTS WAY, MARLBOROUGH, MA, 01752, United States

Principal Name

LAURA SULLIVAN

Principal Title

VICE PRESIDENT

Principal Business address

251 LOCKE DRIVE, MARLBOROUGH, MA, 01752, United States

Principal Residence address

100 RESULTS WAY, MARLBOROUGH, MA, 01752, United States

29. Address

3000 N Grandview Blvd

Waukesha, WI, 53188-1615
United States

30. Phone

(262) 544-3011

31. Business address

16415 JACINTOPORT BLVD, HOUSTON, TX, 77015, United States

32. Principal Name

GENERAL ELECTRIC COMPANY

Principal Title

MEMBER

Principal Business address

5 NECCO STREET, BOSTON, MA, 02210, United States

33. . In addition to FirstBuild, the business also controls the University of Louisville’s campus in Louisville, Kentucky’s FirstBuild co-creation community and micro-factory.