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HOW TO SERVE LEGAL PAPERS ON AVALONBAY COMMUNITIES INC

Avalonbay Communities

Undisputed Legal |New York City Process Service

AvalonBay Communities, Inc., an equity REIT, has a long-term track record of developing, redeveloping, acquiring, and managing distinctive apartment homes in some of the best U.S. markets, and delivering outsized, risk-adjusted returns to shareholders

The business held close to eighty thousand apartment units as of January 31st, 2021, all of which were located in New England, the New York City metropolitan region, the Washington, D.C. metropolitan area, Seattle, and the Californian state of California. metropolitan area.  As a result, it ranks as the country’s third-biggest apartment owner. Investors may get exposure to AvalonBay Communities, Inc. via the stock market

BACKGROUND

Avalon Properties Inc. and Bay Apartment Communities Inc. merged to create the business in 1998. The combined business had a total of forty thousand residential units. Avalon Properties was founded in 1993 as a spinoff from Trammell Crow Company under the leadership of Richard Michaux, Chairman, and CEO, and Chuck Berman, President, Chief Operating Officer, and Board member. In 1994, Bay Apartment Communities was created by Mike Meyer’s 1978 apartment company.

The firm sold close to five hundred million dollars worth of assets in 2003 and reinvested the profits in its development pipeline.  The business was then included in the S&P 500 index for the first time in 2007 and  Timothy J. Naughton was appointed CEO in 2011. He was elevated to the position of chairman in January 2013.

AvalonBay Communities and Equity Residential completed the nine billion-dollar acquisition of Archstone from Lehman Brothers on February 27th, 2013.

Former residents of Avalon at Edgewater, an AvalonBay community in Edgewater, New Jersey, filed a lawsuit in 2017 alleging that AvalonBay violated its duty of care by allegedly breaching fire regulations and safety protocols in the aftermath of a five-alarm fire at the complex in 2015. The Russell Building residents of the Avalon at Edgewater filed the same class-action lawsuit in 2017. The case was resolved in 2017. Tenants had until September 11, 2017, to file a claim for their whole losses from the fire.

WHAT DOES THE COMPANY DO

Avalonbay Communities Inc is incorporated in the state of Maryland. Avalonbay Communities Inc is primarily in the business of real estate investment trusts. For financial reporting, their fiscal year ends on December 31st. 

AvalonBay Communities owns a portfolio of more than two hundred apartment communities with over seventy-five thousand units and is developing twenty-two additional properties with over 8,600 units. The company focuses on owning large, high-quality properties in major metropolitan areas of New England, New York/New Jersey, Washington D.C., California, and the Pacific Northwest. 

AvalonBay Communities, Inc. engages in the development, acquisition, ownership, and operation of multifamily communities. It operates through [A.] Established Communities, [B.] Other Stabilized Communities, and [C.] Development or Redevelopment Communities. The Established Communities segment refers to the operating communities that were owned and had stabilized occupancy. The Other Stabilized Communities segment includes all other completed communities that have stabilized occupancy. The Development or Redevelopment Communities segment consists of communities that are under construction.

A real estate investment trust (REIT) is a type of firm that owns, runs, or funds income-producing real estate. REITs, which are similar to mutual funds, combine the capital of many investors. This enables private investors to receive income on real estate investments without owning, managing or financing any buildings. Apartment complexes, data centers, healthcare facilities, hotels, infrastructure—in the form of fiber cables, cell towers, and energy pipelines—office buildings, retail centers, self-storage, forestry, and warehouses may all be included in a REIT portfolio.

REITs, in general, focus on a single real estate industry. However, diversified and specialized REITs may own a mix of property types, for example, a REIT that owns both office and retail buildings.

Numerous REITs are openly listed on major stock exchanges, and investors may buy and sell them during the trading session much like stocks. These REITs usually trade in large volumes and are regarded as very liquid assets.

AVALONBAY COMMUNITIES, INC.

Avalonbay Communities is a foreign business corporation that comes under Maryland Jurisdiction, though incorporated in New York. Avalonbay Communities filed for registration with the Department of State on 3rd June 1998. However, in its capacity as a foreign business corporation, the entity was actually formed on 13th April 1995 under Maryland jurisdiction.  The entity retains CT Corporation System in New York as a registered agent for New York City Process Service. However, New York Process Service can be served upon the Chief Executive Officer of the company.

A foreign corporation can apply for authority to do business in New York if it complies with the New York City Process Service requirements of incorporation. It is required to submit an application, which should be signed and delivered to the department of state. It is required to provide [A.] the name of the foreign corporation; [B.] the fictitious name the corporation agrees to use [C.] the jurisdiction and date of its incorporation [D.] the purpose or purposes for which it is formed; [E.] the county within this state in which its office is to be located; [F.] a designation of the secretary of state as its agent upon whom New York City Process Service against it may be served and the post office address to which the secretary of state can mail a copy of any New York City Process Service against it served upon them [F.]  the name and address within New York of the registered agent and a statement that the registered agent is to be its agent upon whom process against it may be served and [G.] attached to the application for authority shall be a certificate by an authorized officer of the jurisdiction of its incorporation that the foreign corporation is an existing corporation. If the certificate is in a foreign language, a translation thereof under the oath of the translator should also be.

AVALONBAY CAPITAL MANAGEMENT, INC.

The Avalonbay Communities Group retains Avalonbay Capital Management Inc as one of their subsidiaries, which exists as a foreign business corporation. AvalonBay Capital Management, Inc. operates as a private equity firm. The Company serves clients across the United States.

Established on `27th  April 2007, Avalonbay Capital Management Inc has not been incorporated in New York. Instead, the entity comes under Maryland jurisdiction and will not necessarily use guidelines.

However, since Avalonbay Capital Management Inc is an authorized foreign business corporation mostly the same New York Process Service instructions will be relevant. New York City Process Service is still levied via the Secretary of State, especially as there exists no registered agent to accept New York City Process Service for this company. In this case, the registered agent for Avalonbay Capital Management Inc was revoked. The  Secretary of State, in turn, promptly sends one of such copies by certified mail, return receipt requested, to Avalonbay Capital Management Inc at the post office address on file in the Department of State.  New York Process Service for Avalonbay Capital Management Inc is also provided on The Corporation.

AVALONBAY NYC DEVELOPMENT, INC.

Avalonbay NYC Development Inc is an approved foreign business company wherein largely the equivalent New York City Process Service guidelines became applicable. On `21st December 2000, Avalonbay NYC Development Inc was incorporated in New York. However, the organization falls under Maryland jurisdiction, though by virtue of incorporation, this will still imply New York Process Service standards.

New York City Process Service is still charged through the Secretary of State, particularly since there remains no registered agent to receive New York City Process Service for this business. In this instance, the registered agent for Avalonbay NYC Development Inc was canceled. The Secretary of State, in turn, immediately delivers one of such copies by certified mail, return receipt requested, to Avalonbay NYC Development Inc at the post office address on file with the Department of State. New York Process Service for Avalonbay NYC Development Inc is also offered on CT Corporation System as the agent for New York City Process Service.

AVALONBAY REDEVELOPMENT LLC

Avalonbay Redevelopment LLC is a foreign limited liability company. The entity was formed on 15th June 1999, although it was registered in New York only on 23rd June 1999.  While the Principal Executing Office, as well as the DOS New York Process Service Address, is situated in New York, the overarching jurisdiction for the Corporation is Delaware. A foreign corporation that is currently doing business or that has previously done business in New York State must obtain the tax commissioner’s consent to the filing of the application in addition to the other requirements.  The registered agent for New York City Process Service is The LLC. Section 802 of the Limited Liability Company Law mandates that a foreign limited liability company (LLC) publish in newspapers a copy of the application for authorization or a notice detailing the application’s content within 120 days of filing.

AVALONBAY VALUE-ADDED FUND, L.P.

Avalonbay Value Added Fund, L.P. is a Foreign Limited Partnership according to New York City Process Service, although it comes under Delaware jurisdiction and is therein recorded as a Domestic General Corporation. The entity was incorporated on 27th   April 2006.  

Avalonbay Value Added Fund LP. retains its own registered agent for New York City Process Service not similar to other  Avalonbay group entities. As such,  Avalonbay Value Added Fund LP. directs its documents for New York  City Process Service to The Partnership. However, AvalonBay Value Added Fund LP’s registered agent retains an address for New York City Process Service in the state of incorporation, with New York process service also being available to be served upon major authority figures of the business entity itself as viable forms of New York City Process Service.

Before doing business in New York, a foreign limited partnership must apply for authority to do business. This is done by submitting to the department of state  [A.] a certificate of existence or, if no such certificate is issued by the jurisdiction of organization, a certified copy of a restated certificate of limited partnership and all subsequent amendments and [B.] an application for authority as a foreign limited partnership signed by a general partner. 

To file for incorporation in New York, it is necessary to complete and file this Application for Authority with the Department of State. Attached to the Application for Authority must be a Certificate of Existence from the official who files and maintains limited partnership records in the jurisdiction of the limited partnership.  This official is generally the Secretary of State, and many jurisdictions would replace the Certificate of Existence as a Certificate of Good Standing. The Certificate of Existence must be dated within one year.

AVALONBAY CAPITAL MANAGEMENT II, LLC

Avalonbay Capital Management Ii, LLC is a legal entity that retains a Delaware Process Service address in Wilmington, Delaware. However, the entity is a domestic Limited Liability Company that was incorporated on 9th July 2008. The registered agent for New York Process Service is the Corporation Trust Company.

Unlike a corporation, which has unlimited responsibility for its contractual commitments and other responsibilities, an LLC is comprised of one or more individuals with only limited liability for the same. Legally, an LLC must comply with Limited Liability Company Law in order to establish and operate. It’s possible to form an LLC for any reason that’s legal for a company.

Owners may customize the LLC to fit their company’s requirements thanks to the LLC’s adaptable management structure. Rather than being shareholders or partners, LLC members are the business administrators. a member may be a sole proprietor, a corporation, a partnership, another limited liability company, or any other kind of legal organization.

Section 203 of the New York State Limited Liability Company Law permits the formation of a limited liability company via the filing of Articles of Organization.   Instructions for establishing a limited liability corporation have been provided by the New York Department of State to make filing as simple as possible.

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. Bryce Blair was appointed CEO in February 2001 and Chairman of the Board in January 2002

2. Michael Sol Warren | NJ Advance Media for NJ.com. “A Massive Fire Sparked Debate over Apartment Safety 5 Years Ago. What’s Actually Changed?” Nj, 29 Jan. 2020, https://www.nj.com/news/2020/01/a-massive-fire-sparked-debate-over-apartment-safety-5-years-ago-whats-actually-changed.html. 

3. C T CORPORATION SYSTEM

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

4. Chief Executive Officer’s Name and Address

Name: TIMOTHY J. NAUGHTON

Address:4040 WILSON BLVD., SUITE 1000, ARLINGTON, VA, United States, 22203

5. entitled “Application for the authority of corporation under section 1304 of the Business Corporation Law ”

6. it is sufficient to state, either alone or with other purposes, that the purpose of the corporation is to engage in any lawful act or activity for which corporations may be organized, provided that it also states that it is not formed to engage in any act or activity requiring the consent or approval of any state official, department, board, agency or other body without such consent or approval first being obtained. By such statement, all lawful acts and activities shall be within the purposes of the corporation, except for express limitations therein, if any

7. : TIMOTHY J NAUGHTON

Address: BALLSTON TOWER, 671 N GLEBE RD / STE 800, ARLINGTON, VA, United States, 22203

8. THE CORPORATION

Address: BALLSTON TOWER, 671 N. GLEBE ROAD, SUITE 800, ARLINGTON, VA, United States, 22203

9. :C T CORPORATION SYSTEM

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

10. MICHAEL ROBERTS

Address:452 FIFTH AVE, NEW YORK, NY, United States, 10018

11. THE LLC

Address: BALLSTON TOWER, 671 N. GLEBE ROAD SUITE 800, ARLINGTON, VA, United States, 2220

12. The completed application, together with the filing fee of $250, should be forwarded to the New York Department of State, Division of Corporations, One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231.

13. THE PARTNERSHIP

Address: BALLSTON TOWER, 671 N. GLEBE RD., SUITE 800, ARLINGTON, VA, United States, 22203

14. STEVE PLUMP

Address:466 LEXINGTON AVENUE, NEW YORK, NY, United States, 10017 – 3147

Principal Executive Office or Owner Name and Address

15. If no restated certificate has been filed, a certified copy of the certificate filed as to its organizational basis and all amendments thereto (if such certificate or certified copy is in a foreign language, a translation thereof under oath of the translator shall be attached thereto)

16. This document must be titled “Application for the authority of…(name of limited partnership) under Section 121-902 of the Revised Limited Partnership Act,”

17. The completed application, together with the filing fee of $200, should be forwarded to:

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

18. THE CORPORATION TRUST COMPANY

CORPORATION TRUST CENTER 1209 ORANGE ST

WILMINGTON County: New Castle

DE Postal Code: 19801

302-658-7581

WHAT THE SEC SAID ABOUT GAMESTOP

SEC

Undisputed Legal | Process Service

The U.S. Securities and Exchange Commission on 18th October published a report analyzing the frenetic activity in shares of retailer GameStop Corp and other ‘meme’ stocks, in January, and suggested certain areas for additional regulatory review. 

The report will have consequences that alter where retail stock orders are processed and how that service is compensated for when brokers can limit the trading and the degree of openness surrounding short sells.  The report comes after US securities authorities investigating the unexplained rise in GameStop shares in January asked for further investigation of ‘game-like elements on certain trading platforms.

SO, WHAT HAPPENED

Shares of GameStop surged more than 1,600 percent in January as retail investors collaborated in discussion boards like Reddit’s WallStreetBets to attempt to bid up the heavily shorted stock and force hedge funds to unwind their bets against it, with the hope the short squeeze would drive the price even higher.

The fluctuation in GameStop shares, among other prominent meme stocks, led the clearinghouse that ensures transactions before they are completed to increase the collateral from brokers to clear the deals. That prompted many brokerages, notably Robinhood Markets, to temporarily suspend trading in the red-hot stocks, helping halt the surge, upsetting ordinary traders, and shaking market confidence. Others, including Charles Schwab Corp altered margin requirements and restricted sophisticated options strategies on the impacted equities

WHAT ACTUALLY PROMPTED THE SET UP OF RETAIL TRADING

In late 2019, major retail brokers like Schwab and Fidelity copied Robinhood’s lead and removed trading fees. Then, in early 2020, with COVID-19 lockdowns confining people at home, big entertainment and sports events canceled, and government stimulus payments delivered to many U.S. families, retail trade volumes surged.

While the primary story surrounding the GameStop craze was individual investors taking on large hedge funds, institutional investors were also significant participants in buying and selling.

WHAT HAPPENED TO THE MARKET BECAUSE OF THIS

To comprehend what happened in January 2021, it is essential to understand the market framework within which the incidents happened. From the viewpoint of individual traders, the lifespan of a stock transaction begins with an investor putting an order via an account they create with a broker-dealer.   

The broker-dealer then directs the order for execution to a trading center, such as a national securities exchange, an alternative trading system (‘ATS’), or an off-exchange market maker.  Once a trading center executes the order, the client receives a confirmation and the transaction is reported to a securities information processor that gathers, consolidates, and publishes the price and volume data to market data suppliers and others.

This processor will go on to publish the transaction information (that the buyer and seller both report the same security, price, shares, and dollar amount.)  The transaction information in question is also transmitted to the clearing broker, who confirms the deal by checking the trade data.

 The clearing broker must ‘settle’ an equity trade inside of a couple of days of the completion of the transaction by formally shifting the stock from the seller’s brokerage firm’s account to the buyer’s brokerage firm’s account and relocating the money from the buyer’s brokerage firm to the seller’s brokerage firm, a process made possible by clearing agencies enrolled with the Commission under the Exchange Act.

REPERCUSSIONS FOR GAMESTOP

Congress conducted numerous hearings on the GameStop episode. The SEC has sought public opinions on the impact of the ‘gamification’ of trading applications and if the public is in danger. Additionally, the major post-trade utility for U.S. equities has suggested reducing the settlement period for stock transactions to one day after the deal occurs, from two days. Various businesses and industry organizations have made suggestions on increasing transparency surrounding the execution of retail orders. 

LAWS SURROUNDING BROKER-DEALERS

Broker-dealers are usually required to register with the Commission according to the Exchange Act and are subject to federal securities laws as well as the rules and supervision of the SROs to which they belong. Generally, broker-dealers that do business with the public in securities must join FINRA.    Broker-dealers are also beholden to a multitude of regulatory standards, including those imposed by the Commission and, where applicable, FINRA and the exchanges to which they belong, such as customer account opening obligations, sales practices obligations, and net capital and other financial responsibility rules. 

Numerous such laws and regulations establish responsibilities on the way client orders are handled. Broker-dealers are subject to various conduct obligations, including the duty of ‘best execution,’ which usually requires a broker-dealer to execute client orders at the most advantageous terms reasonably available in the circumstances, which is typically the best reasonably available pricing.

Additionally, FINRA Rule 5320 (commonly referred to as the ‘Manning Rule‘) prohibits FINRA members from trading ahead of customer orders (e.g., receiving a customer order to buy and then purchasing for its own account at a price that would satisfy the customer’s order without providing the customer with that price or a better price).

SO, WHAT DID THE REPORT SAY

Investors were anticipating Securities and Exchange Commission Chair Gary Gensler’s findings and recommendations on GameStop/Robinhood/Reddit saga for well over six months. Gensler’s Report centers around Gamestop as well as the market structure of the US trading system. Investors in Reddit chatrooms and subreddits like WallStreetBets pushed up the value of GameStop shares in January, according to Robinhood/Reddit. Many of these transactions were made on Robinhood, which later ran into financial difficulties.

The ‘gamification’ of trading in the United States was a major talking point. Gensler is concerned about a number of elements of the country’s trading system (trading with game-like features such as points, rewards, leaderboards, bonuses, and competitions to increase engagement). He’s also been outspoken against the practice of brokers like Charles Schwab sending their orders to market makers in return for fees known as payment for order flow. As a result, some brokers are able to provide zero-commission services.

The  Securities and Exchange Commission report analyzing volatility in GameStop and other so-called ‘meme’ stocks, stated the dramatic market movements underlined the need for ‘possible investigation and additional consideration’ of measures to guarantee ‘fair, orderly and efficient markets.

 RECOMMENDATIONS FROM THE REPORT

SEC Chair Gary Gensler has already criticized ‘gamification’ on the online platform Robinhood, which is appealing to young investors. Robinhood has been credited with bringing a generation of new individual investors to the stock market, but the platform is also renowned for features that detractors claim may make it addictive.

Under the arrangement, termed payment for order flow, brokerage companies sell the right to execute small investors’ transactions to larger trading houses, which earn modest profits on the difference between the purchasing and selling prices. This method has allowed Robinhood and other brokers to provide free stock trading, but opponents argue this is worrisome. Retail brokers have a motivation to promote greater trading by individual investors, even if it may not be in their best interest.

The tactic was challenged in a proposed class-action lawsuit by retail investors against Robinhood, and some opponents have argued that the time had come to prohibit it. Mr. Gensler had indicated on Capitol Hill and to news outlets that he was ready to explore restrictions or an outright prohibition, but the report offered no evidence that such dramatic changes would be coming since it does not provide details as to recommendations.

WHAT THE REPORT SAID ABOUT GAMESTOP

The SEC report details GameStop‘s rapid increase of a little under USD20 a barrel at the end of 2020 to a high of USD483 on January 12. Yet the SEC said that story did not stop here alone. GameStop purchases by those covering shorts were ‘a small fraction of overall buy volume’ and the company’s share price remained high even after the direct effects of such trades should have waned, according to the regulator

The increase was viewed in the financial media as motivated at least in part by a desire of ordinary investors talking on the Reddit platform cooperating in an attempt to revenge against short sellers.

Seasoned investors saw GameStop’s moves as disconnected from basic concerns about the company’s financial performance and its future. The S.E.C.’s study was the latest effort by regulatory authorities to make sense of the meme-stock rise when a trading frenzy caused stratospheric price gains for companies such as GameStop and the struggling movie company AMC Entertainment.

The report revealed that the fast price rises had been driven in part by so-called short squeezes, as investors who bet against the company, notably hedge funds, had to rapidly reverse course and purchase the shares themselves to close out their holdings.

Momentarily, it appeared, tiny traders had upended the conventional balance of power on Wall Street. But when trading volume increased and prices climbed, many brokers prevented ordinary investors from purchasing the shares of major meme stocks, reversing their gain. The stoppage sparked anger among ordinary investors, a rush of lawsuits, and a variety of internet theories claiming that big Wall Street companies had ordered trade to cease.

WHAT DID THE REPORT SAY ABOUT THE CLEARINGHOUSE

The S.E.C.’s report alternatively highlighted that Robinhood and other platforms had stalled trading in certain shares after the industry-run clearinghouse that settles most stock trades- a technique that requires two additional business days -demanded nearly seven billion dollars from thirty-six clearinghouse members on January 27th, the peak of the frenzy.

That demand is called a margin call. This was intended to guarantee that the stock trading system would continue even if the increasing risk connected with the high trading in meme stocks caused a brokerage company to fail. To minimize the amount required, several platforms restricted trading in certain hot equities.

The clearinghouse’s demands, the S.E.C. concluded, represented a market operating properly — but it indicated that regulators might explore measures to speed up the settlement of transactions, possibly lessening the effect of similar margin calls in the future.

OVERALL THEMES OF THE REPORT

In the report, the SEC focussed on four aspects as a broad area regulation rather than providing recommendations being [A.] forces that may cause a brokerage to restrict trading; [B.]  digital engagement practices, [C.] trading in dark pools and through wholesalers and [D.]short selling and market dynamics.  

The SEC report did not draw inferences on the main reason for GameStop’s uncertainty, saying, ‘Whether driven by a desire to squeeze short-sellers and thus profit from the resultant rise in price, or by belief in the fundamentals of GameStop, it was a positive sentiment, not the buying-to-cover that sustained the weeks-long price appreciation of GameStop stock.’ 

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. staff, Science X. ‘SEC Report Questions Trading Apps after Gamestop Frenzy.’ Tech Xplore – Technology and Engineering News, Tech Xplore, 19 Oct. 2021, https://techxplore.com/news/2021-10-sec-apps-gamestop-frenzy.html.

2. This is called ‘T+2’

3. The Securities Exchange Act of 1934 (also called the Exchange Act, ’34 Act, or 1934 Act) (Pub.L. 73–291, 48 Stat. 881, enacted June 6, 1934, codified at 15 U.S.C. § 78a)

4. Hatmaker, Taylor. ‘Lawmakers Announce Hearings on GameStop and Online Trading Platforms.’ TechCrunch, TechCrunch, 28 Jan. 2021, https://techcrunch.com/2021/01/28/gamestop-hearings-congress-waters-robinhood/. 

Rep. Maxine Waters (D-CA), chairwoman of the House Committee on Financial Services, announced plans for an investigation into the situation, pointing to a history of ‘predatory conduct’ from hedge funds.’

5. ‘Concept Release: Securities Transactions Settlement.’ Concept Release: Securities Transactions Settlement; Release No. 33-8398; 34-49405; IC-26384; File No. S7-13-04, https://www.sec.gov/rules/concept/33-8398.htm. 

6. The Financial Industry Regulatory Authority (FINRA) is a private American corporation that acts as a self-regulatory organization (SRO) that regulates member brokerage firms and exchange markets. FINRA is the successor to the National Association of Securities Dealers, Inc. (NASD) as well as the member regulation, enforcement, and arbitration operations of the New York Stock Exchange. The US government agency which acts as the ultimate regulator of the US securities industry, including FINRA, is the US Securities and Exchange Commission (SEC).

7. The term Manning rule is the informal name for a financial industry rule in the United States: Financial Industry Regulatory Authority (FINRA) regulation, Rule 5320. It prohibits a FINRA member firm from placing the firm’s interest before/above the financial interests of a client.

8. ‘Consideration should be given to whether game-like features and celebratory animations that are likely intended to create positive feedback from trading lead investors to trade more than they would otherwise,’ stated the 45-page SEC study, which fell short of recommendations.

9. The S.E.C.’s study reiterated that concern: ‘These payments may constitute a conflict of interest for the retail broker-dealer,’ the report stated.

10. Number of clearing brokers experienced intraday margin calls from a  clearinghouse.    In reaction,  some broker-dealers decided to restrict trading in a limited number of individual stocks in a way that some investors may not have anticipated.   This episode highlights the integral role clearing plays in risk management for equity trading but raises questions about the possible effects of acute margin calls on more thinly capitalized broker-dealers and other means of reducing their risks.   One method to mitigate the systemic risk posed by such entities to the clearinghouse and other participants is to shorten the settlement cycle.

11. Consideration should be given  to whether game-like features and celebratory animations that are likely intended to create positive feedback from trading lead investors to trade more than they would otherwise.  In addition,  payment  for order flow and the incentives   it  creates may cause broker-dealers to find  novel  ways to increase customer trading,  including  through  the use of digital  engagement  practices

12. Much of the retail order flow in  GMEwas purchased by wholesalers and executed off-exchange.  Such trading interest is less visible to the wider market—and payments to broker-dealers may raise questions about the execution quality investors receive.    Further,  though wholesalers increasingly handle individual investor order flow,  they face fewer requirements concerning their operational transparency and resiliency as compared to exchanges or ATSs.

13. While short selling and calls on social media for short squeezes received a great deal of media attention,  the interplay between shorting and price dynamics is more complex than these narratives would suggest.    Improved reporting of short sales would allow regulators to better track these dynamics.

HOW TO SERVE LEGAL PAPERS ON BRANCH BANKING AND TRUIST COMPANY

BB$T

Undisputed Legal | North Carolina Process Service

Branch Banking and Truist Business (BB&T) and SunTrust Banks merged, resulting in the creation of a new company altogether; Trust Financial Corporation. The headquarters of Truist Financial Corporation is in Charlotte, North Carolina. 

The entity has branches in multiple states and Washington, D.C., which provide consumer and business banking, securities brokerage, asset management, mortgages, and insurance services to its customers. They also run these branches. According to assets, it is among the top ten biggest banks in the United States, with close to five hundred billion dollars in assets as of June 2021.

BACKGROUND

How did Truist Financial Corporation come into being? Southern National Bank, another bank based out of the eastern portion of the state, merged with BB&T in 1995. BB&T now amassed over five hundred locations in towns and communities throughout the Carolinas and Virginia. The combined firm was renamed, Southern National Corp. 

Despite this new christening,  the BB&T brand was used by all of its banking operations. BB&T had the largest deposits and branches in North Carolina, with a combined value of twenty billion dollars. Executives at both Southern National and BB&T said the combination likely produced a bank too wealthy to be taken over by an out-of-state competitor. BB&T Financial Center in Winston-Salem, North Carolina became the company’s new headquarters.

During the merger, Southern National Corp. paid nine hundred million dollars in November 1996 to acquire United Carolina Bank, an eastern North Carolina bank. The transaction closed in 1997. Southern National Corp. changed its name to BB&T Corp. on May 19, 1997, and its ticker symbol from SN to BBT was adopted as a result.

After acquiring Fidelity Financial Bankshares, First Financial of Petersburg, Maryland, Maryland Federal Bancorp, and Franklin Bancorporation in the 1990s, the bank kept growing throughout the country. It extended into Georgia and West Virginia after buying First Liberty of Macon, Georgia, and Matewan Bancshares in 1998 and then MainStreet Financial and Mason-Dixon Bancshares in Westminster, Maryland in 1999.

BB&T acquired One Valley Bancorp in 2000, a West Virginia-based community bank conglomerate. As a result of this acquisition, BB&T now has the biggest footprint in the state of West Virginia. Bank of Louisville and AREA Bancshares Corporation, both based in Owensboro, Kentucky, were acquired by BB&T in 2002. BB&T bought the company of First Virginia Banks in 2003. 

Towards the end of 2008, the bank received a bailout of three billion dollars from the Treasury’s Troubled Asset Relief Program by selling preferred shares. The bank repurchased the shares in question in June 2009 for a total of USD 2 billion.  BB&T Bank is now considered to be one of the largest financial services companies in the U.S.  From its beginning as a small bank in 1872, the bank now has more than two hundred billion dollars in assets.

In 2019 BB&T merged with SunTrust, another southeastern regional bank. This merger of equals created the seventh-largest commercial bank in the U.S. The banks are in the process of integrating their systems and renaming themselves Trust Bank. 

Over three hundred branches in Alabama, Florida, Georgia, Nevada, and Texas were added as well as more than twenty billion dollars in assets via this purchase. In January 2010, BB&T sold its Nevada branch to U.S. Bancorp.

BBT AND ITS INSURANCE SERVICES

Since 1922, BB&T has been involved in the insurance industry. The division was in the red in the late 1980s and early 1990s.  In 1995, the insurance services division acquired six North Carolina-based insurance businesses. With a billion dollars in yearly sales, BB&T’s insurance business has become the sixth-largest brokerage in the United States and the seventh-largest worldwide by 2010. 

A California-based insurance firm, Liberty Benefit Insurance Services, was purchased in September 2011. Since then, the division has purchased Crump Group’s property and casualty/life insurance businesses. The Insurance Services division bought Woodbury & Co., a North Carolina-based insurance brokerage, in March 2014. At the beginning of 2014, Caledonian Insurance Group was an aviation insurance brokerage firm. CRC Insurance Services, a broker of catastrophic business insurance, was purchased by BB&T’s subsidiary in April 2015. 

American Coastal Insurance was also included in the purchase in 2015, increasing BB&T’s stake in AMRisc. Management of AmRisc retained a minority interest in the company and continues to strategically grow and manage the business. Amish has grown into a leading managing general underwriter (MGU). As an MGU, AmRisc did not assume any underwriting risk and represents an attractive fee income business for BB&T that is highly complementary and strategically important to BB&T Insurance Holdings.

Regional Insurance Group was a subsidiary of Regions Financial Corporation and was acquired by the insurance service division in July 2018 for an undisclosed sum. Founded in Memphis, Tennessee, the company has offices in ten different states. The insurance division’s retail and overall lines of business have grown substantially as a result of this purchase. BB&T Insurance Services now has 60,000 more customers spread across several states thanks to the purchase.

To better reflect its new name and location in Charlotte, Truist Insurance Holdings was the relaunch for BB&T Insurance Holdings in June 2020, wherein it relocated its corporate offices there, within the Truist Center, in Charlotte, North Carolina. Trust’s Insurance Services division grew rapidly. The division will complete five acquisitions worth $100 million before the end of 2020. 

The division has now acquired approximately a hundred insurance companies as a result of these transactions. The insurance division announced in May 2021 that it will buy Constellation Affiliated Partners in the third quarter. Constellation Affiliated Partners’ 475 workers will be retained by the insurance business and merged into CRC. Trust Insurance Holdings will see an increase in revenue of over a hundred and fifty million dollars as a result of the purchase. Insurance premium financing, retail, and wholesale are the three major sectors of Trust.

SUBSIDIARIES OF TRUIST BANK

BRANCH BANKING AND TRUIST COMPANY OF VIRGINIA

The Branch Banking and Truist Company was established on 28th December 2006 as a foreign corporation for purposes of North Carolina Process Service. The entity is currently under Virginia jurisdiction. The company is currently not functional and has been withdrawn by merger to form Trust Bank. 

BRANCH BANKING AND TRUIST COMPANY OF SOUTH CAROLINA

Branch Banking and Truist Company of South Carolina is a foreign corporation for purposes of North Carolina Process Service. Currently, this entity is not functional and has been withdrawn by merger when the entity became Truist Bank.

TRUST BANK

Truist Bank, earlier registered under the names Branch Banking and Trust Company and Wilson County Bank and Trust Company is an active entity available to accept North Carolina Process Service. Unlike its predecessors, the Truist Bank is a domestic company that entirely falls within North Carolina jurisdiction for North Carolina Process Service. The entity was formed on 1st March 1974. 

All domestic corporations (those chartered in North Carolina) and all foreign corporations which are doing business in North Carolina must file an annual franchise and income tax return using the name reflected on the corporate charter if incorporated in North Carolina. If the entity was incorporated outside North Carolina, the return must reflect the name on the certificate of authority if incorporated outside this State. A franchise tax is imposed on corporations for the privilege of doing business in this State even if the activities are exempt from income tax. 

The entity can be provided North Carolina Process Service via mailing or personal service. The principal office of Trust Bank is in Charlotte, North Carolina. However, the entity also retains an office in Raleigh for purposes of North Carolina Process Service. The registered agent for Truist Bank to accept  North Carolina Process Service is upon Corporation Service Company

TRUIST ADVISORY SERVICES, INC.

Truist Advisory Services Inc is an active Foreign corporation in North Carolina. The entity was earlier known as Suntrust Advisory Services, Inc. Truist Advisory Services Inc was incorporated on 13th August 2019 in North Carolina through the entity has jurisdiction stemming from the state of Delaware. The annual report from the company is due every April 15th. 

Currently, the registered agent for North Carolina Process Service is the Corporation Service Company. However, the entity retains an office for registration in Raleigh, though its principal office is in Georgia. Consequently, Truist Advisory Services, Inc. may be served physically upon its principal office or via mailing. It is also allowed to accept North Carolina Process Service as adequately done upon its higher authorized officers, including the CEO or Secretary of the company. 

TRUIST EQUIPMENT FINANCE CORP

Trust Equipment Finance Corp., erstwhile  SunTrust Equipment Finance & Leasing Corp. was established on 6th February 2018. The entity is a foreign corporation incorporated in the state of Georgia with Corporation Service Company as the registered agent for North Carolina Process Service.  North Carolina Process Service may also be served upon the higher officers of the corporation.  

A Certificate of Authority is the legal authority that a foreign entity must obtain in order to be able to conduct its affairs in this state. An entity may not have to file an application for a Certificate of Authority if they qualify for one or more exceptions for filing.

If the entity does not qualify for an exception, the business entity must complete and submit one executed original application for a Certificate of Authority, specific to its entity type, to the NC Department of the Secretary of State Business Registration Division.

Documents are submitted to the Secretary of State’s Office electronically, by mail or courier, and at the Secretary of State’s Office

TRUIST CIG LLC

Truist CIG LLC is a domestic limited liability company formed in North Carolina and registered on 25th March 2020, requiring an annual report due by April 15th of every year to comply with North Carolina Process Service. Previously, the entity has been registered under different legal names including  Truist IB LLC and Truist Securities IB LLC

The entity retains Corporation Service Company as a registered agent for North Carolina Process Service. However, Truist CIG LLC retains a principal office for North Carolina Process Service in Charlotte, North Carolina as well as an office in Raleigh. All LLCs are managed by their managers pursuant to N.C.G.S. 57D-3-20. The managing member for Truist CIG LLC is Trust Bank.

TRUIST COMMUNITY CAPITAL, LLC

Truist Community Capital, LLC was earlier  SunTrust CDC, LLC and previously recognized under the legal name  Suntrust Community Capital, LLC. The entity is a foreign corporation registered on 26th February 2007, although it was incorporated and retains jurisdiction in Georgia. The registered agent for North Carolina Process Service is a Corporation Service Company although it retains offices in Georgia and Raleigh. 

All LLCs are managed by their managers specifically designated as such for North Carolina Process Service. The managers for Truist Community Capital, LLC are officers of the entity. 

For more information on serving legal papers, contact Undisputed Legal our  North Carolina 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. Trust Insurance Holdings has yearly revenue of USD 2.27 billion as of January 2021, making it the world’s seventh-largest insurance broker

2. UCB’s assets totaled $4.5 billion. The municipality of Whiteville had 400 workers when BB&T closed its headquarters, but it would ultimately have 500 working at a 250-person contact center and other BB&T activities after the company closed its doors. A total of 91 United Commercial Bank sites changed over to BB&T on September 22, 1997. In addition to these closures, there were 67 additional UCB stores that closed in October because they were too near to other BB&T branches.

3. The bank paid $622 million for Main Street Banks of metro Atlanta in 2005. The bank bought Myrtle Beach, South Carolina-based Coastal Federal Bank in 2006.

4.“Troubled Assets Relief Program (Tarp).” U.S. Department of the Treasury, 9 Mar. 2021, https://home.treasury.gov/data/troubled-assets-relief-program. 

5. BB&T’s branch manager Wade Reece and Henry William met in 1990 to talk about how the company might become lucrative again.

6. Insurance services had purchased 24 businesses in North Carolina, 15 in Virginia, 3 in South Carolina, and 1 in Georgia by the end of July 1999, according to the company.

7. Since 1999, the division has successfully completed sixty acquisitions. CRC, a company with specialized and high-risk customers, was purchased in 2002. Additionally, CRC absorbed TAPCO and Southern Cross. Burkey Risk Services was purchased by the division in February 2008 for an undisclosed sum. It was purchased by UnionBanc Insurance Services in April of that year. Oswald Trippe was purchased by the division in November 2009

8.Trust Insurance’s CEO, John Howard, said this about the division’s strategy: “We are normally working on acquisition opportunities. We’re in an industry that is consolidating, and we have a really good track record, I really think diversification is attractive, and we’re already the most diversified insurance broker, so I want to continue to build on that. And for Trust overall, we provide diversification away from…credit businesses, so that we perform well throughout a variety of market cycles..”

9.  For a corporation that is subject to both income tax and franchise tax, its apportionment factor is the same for both taxes. For a corporation that is subject to franchise tax but not income tax, its apportionment factor for computing the amount of franchise tax due is the same factor that would be used in its activities that are protected by P.L. 86-272 were subject to income tax in this State.

10. Reg Mailing
2626 Glenwood Ave Ste 550
Raleigh, NC 27608

Mailing
c/o Hasana Stanberry, 214 North Tryon St., Fl. 44
Charlotte, NC 28202

11. Principal Office
214 North Tryon Street
Charlotte, NC 28202

12. Reg Office
2626 Glenwood Ave Ste 550
Raleigh, NC 27608

13. Reg Office
2626 Glenwood Ave Ste 550
Raleigh, NC 27608

Reg Mailing
2626 Glenwood Ave Ste 550
Raleigh, NC 27608

14.Principal Office
303 Peachtree Center Avenue, Suite 140
Atlanta, GA 30303

15. Mailing
303 Peachtree Center Avenue, Suite 140
Atlanta, GA 30303

16. Secretary

Charles F McCallum

303 Peachtree Street, NE, GA-Atlanta-0219

Atlanta GA 30308

Treasurer

Sarah Rich

303 Peachtree Street NE

Atlanta GA 30308

Assistant Secretary

Hasana Stanberry

303 Peachtree Street NE GA-Atlanta-0643

Atlanta GA 30308

President

Joseph Thompson

303 Peachtree Street, N.E., GA-Atlanta-0219

Atlanta GA 30308

17. 3333 Peachtree Road NE, 4th Floor
Atlanta, GA 30326

Principal Office
3333 Peachtree Road NE, 4th Floor
Atlanta, GA 30326

18. President

George C. Badger

3333 Peachtree Road, NE 4th Floor

Atlanta GA 30326-1070

Secretary

Lawrence D Cooper

3333 Peachtree Road, NE 4th Floor

Atlanta GA 30326-1070

Treasurer

Kathy K. Lieu

3333 Peachtree Road NE, 4th Floor

Atlanta GA 30326

19. Addresses

Principal Office
214 North Tryon Street
Charlotte, NC 28202

20. Reg Office
2626 Glenwood Ave Ste 550
Raleigh, NC 27608

Reg Mailing
2626 Glenwood Ave Ste 550
Raleigh, NC 27608

Mailing
c/o Hasana Stanberry, 214 North Tryon Street, FL 44
Charlotte, NC 28202

21 § 57D-3-20.  Management; managers.

(a)The management of an LLC and its business is vested in the managers.

(b)Each manager has equal rights to participate in the management of the LLC and its business.  Management decisions approved by a majority of the managers are controlled.  The managers may make management decisions without a meeting and without notice.

(c)Subject to the direction and control of a majority of the managers as provided in G.S.  57D-3-20(b),  each manager may act on behalf of the  LLC  in the ordinary course of the LLC’s business.

(d)All members by virtue of their status as members are managers of the LLC, together with any other person or persons who may be designated as a  manager in,  or in the manner provided in,  the operating agreement.  

If the operating agreement provides or otherwise contemplates that members are not necessarily managers by virtue of their status as members, then those persons designated as managers in, or in the manner provided in,  the operating agreement will be managers.  The operating agreement may provide that the  LLC  is to be managed by one or more company officials who are not designated as managers. All members will be managers for any period during which the LLC would otherwise not have any managers or other company officials.

(e)A  person shall continue to serve as a  manager until the earliest of the following occurs: (i) the person’s resignation as a manager; (ii) any event described in G.S. 57D-3-02(a) with respect to the person, substituting therein the term “manager” in lieu of the term “member” for purposes of this subsection; or (iii) that person, or the member or all of a class or group of less than all of the members who appointed the person to be a manager, ceases to be a member. (2013-157, s. 2.)

22. 214 North Tryon Street, Fl. 44
Charlotte NC 28202

23. Mailing
303 Peachtree ST NE
Atlanta, GA 30308

Principal Office
303 Peachtree ST NE
Atlanta, GA 30308

24. Reg Office
2626 Glenwood Avenue, Suite 550
Raleigh, NC 27608

Reg Mailing
2626 Glenwood Avenue, Suite 550
Raleigh, NC 27608

25. Kathleen S. Farrell

303 Peachtree St., NE

Atlanta GA 30308

Manager

G. Kelli King

303 PEACHTREE ST NE

Atlanta GA 30308

HOW TO SERVE LEGAL PAPERS IN IDAHO

Idaho

Undisputed Legal | Idaho Process Service

In order to exercise jurisdiction over a person, a party to a lawsuit serves that person Idaho Process Service, which is a proper notice of first legal action, such as a summons or complaint, in order to provide that person a chance to reply to the court, body, or other tribunals, this Idaho Process Service must be done in a timely manner.

In most instances, plaintiffs in Idaho have thirty days to serve and submit the Proof of Service. Certain courts allow up to ninety days after the filing of the Claim. Inquiry about the deadline with the clerk should be done as per Idaho Process Service.

[1.0] HOW TO SERVE PAPERS IN SMALL CLAIMS  COURT

All documents filed in Small Claims Court must be served (delivered) to Defendant to comply with Idaho Process Service. If the lawsuit involves more than one Defendant, each must be served individually – even if they are married.

Additionally, in order to adequately comply with service, it is imperative to [A.]  fill out the Proof of Service as accessible from the Court Clerk and [B.] have someone eighteen or older– not the plaintiff-serve the Defendant.

For a charge, the Clerk may serve the Defendant with Idaho Process Service via certified mail, return receipt requested. Mail service, on the other hand, is often less costly than personal service. However, if Defendant fails to sign the return receipt or if it is signed by someone other than Defendant, then the plaintiff must serve Defendant again by personal service. The Clerk will inform the plaintiff if this occurs. 

It is necessary to reimburse the Sheriff’s Office (or the Marshal’s department for some counties) to complete the Idaho Process Service of the papers. The plaintiff must inform them exactly where to locate the Defendant. The Sheriff or Marshal will provide the Proof of Service.

In certain counties, the plaintiff will pay the Court Clerk and the Sheriff or Marshal delivers the Proof of Service to the Clerk The plaintiff can also pay a professional process server to complete Idaho Process Service. It would be then necessary to [A.]  furnish the server with a copy of the court forms. [B.] provide detailed instructions as to where to find the Defendant; [C.]  require the server to fill out a Proof of Service form. Some process servers file the Proof of Service with the Clerk. Others will return it to the plaintiff for them to file.

If a defendant cannot be easily found, some servers will also perform skip tracing as a part of the Idaho Process Service. 

[1.1] PROOF OF SERVICE

After serving Idaho Process Service, the server will fill out the server’s portion of the Proof of Service form and return it. Then the Plaintiff must submit the Proof of Service with the Clerk or during the trial or with the Affidavit.

If the Plaintiff misses their deadline to submit the  Proof of Service, or if they serve improperly,  they may file the claim again. If the Plaintiff files again within six months after making the initial claim, they won’t have to pay another filing fee.

A Subpoena may be served by an official authorized by law to serve process or by any other person who is not a party and is not less than eighteen (18) years of age. Idaho Process Service of a subpoena upon a person titled therein must therefore be determined by supplying a copy to the person. Additionally, Idaho Process Service may be ensured by giving or offering to the person the fees for one (1) day’s attendance and the mileage allowed by law. No prepayment tender of fees and mileage is necessary to witnesses subpoenaed by the attorney general or any prosecuting attorney on behalf of the state. When the subpoena is issued on behalf of the state or an official or agency, fees and mileage need not be paid. When Idaho Process Service is by an officer, it must be given with the officer’s certificate of service, and when served by any other person, it must be returned with an affidavit of such person proving its service.

If a summons’ Idaho Process Service is not made upon a defendant within six (6) months after the filing of the complaint, the action shall be dismissed.

[2.0] HOW TO SERVE A SUMMONS IN IDAHO

At the plaintiff’s request, the clerk of the district court will issue a summons and deliver it for Idaho Process Service. Also, separate or additional summons can then be issued against any defendant. If the Idaho Process Service of the summons and complaint is not made upon a defendant within six months after the filing of the complaint, the action will be dismissed. However, the plaintiff upon whose request such Idaho Process Service was required can show good cause why such Idaho Process Service was not made within that period, and the court can provide some respite for the same.  

Idaho Process Service of all process should be made by an officer authorized by law to serve process, or by some person over the age of eighteen (18), not a party to the action. Any summons, writ, order, or other paper requiring service may be conveyed by fax machine process or telegraph. The copy transmitted may well be served or executed by the officer or person to whom sent, and returned in the same manner, and with the same force, effect, authority, and liability as to the original. The original should be submitted at the court from where Idaho Process Service was issued. 

[2.1] TYPES OF SERVICE

A copy of the complaint should be served with the summons, except when the service is by publication and the plaintiff must furnish the person doing Idaho Process Service with as many copies as are necessary. On individuals, Idaho Process Service should be done by delivering a copy of the summons and the complaint to the individual personally or by leaving copies thereof at the individual’s dwelling house or usual place of abode. The requirement for leaving copies at someone’s abode would be to leave the copies with some person over the age of eighteen years who lives there or by delivering a copy of the summons and of the complaint to an agent authorized by appointment or by law. 

If a minor who is under fourteen years old is involved, Idaho Process Service should be done upon the guardian. This is the case if one has been appointed. Otherwise, Idaho Process Service can be done upon either the father or mother. If neither of these individuals can be found within the state then Idaho Process Service should be levied upon any person having the care and custody of such minor, and also upon the minor. 

Similar Idaho Process Service can be done upon an incompetent person who has been judicially declared to be of unsound mind or incapable of conducting the incompetent person’s own affairs. Idaho Process Service is then levied upon the guardian if one has been appointed in the state. If there is no such guardian, Idaho Process Service can be done upon a competent adult member of the family with whom the incompetent person resides.  if the incompetent person is living in an institution then service can be done upon the chief executive officer of the institution. If any of the parties upon whom Idaho Process Service is directed to be made is a plaintiff, then Idaho Process Service shall be upon such other person as the court may designate.

[3.0] HOW TO SERVE CORPORATIONS.

Idaho Process Service can be done on a domestic or foreign corporation by delivering a copy of the summons and complaint to an officer, managing or general agent who is authorized to receive Idaho Process Service.

Whenever any foreign corporation which has qualified in the state by filing with the Secretary of State or a domestic corporation or association shall not have designated a person actually residing in the state upon whom Idaho Process Service can be made then Idaho Process Service of any summons and complaint against the corporation may be made by the party serving the same by mailing copies of the summons and complaint by registered or certified mail to the corporation addressed to its registered place of business.

 It is also required to be sent to the president or secretary of the corporation at the addresses shown on the most current annual statement filed with the Secretary of State. Service is then to be complete after the mailing by certified or registered mail is done. The party or attorney serving the corporation must make a return certificate indicating compliance and attaching a receipt of the mailing. 

[3.1] SERVING PAPERS ON A STATE AGENCY

Upon the state of Idaho or any agency, Idaho Process Service should be made by delivering two (2) copies of the summons and complaint to the attorney general or an assistant attorney general. Upon any other governmental subdivision, Idaho Process Service is instead made by delivering a copy of the summons and complaint to the chief executive officer or the secretary or clerk thereof. In all actions brought under specific statutes requiring Idaho Process Service to be made upon specific individuals or officials, service will mostly be made under the statute as well. 

Idaho Process Service can also be accomplished by an acknowledged written admission by the individual that the individual has received Idaho Process Service, stating the capacity in which such Idaho Process Service was received.

Whenever a statute of Idaho provides for service of a summons, or of a notice, or order instead of summons, upon a party who is not an inhabitant of the state, Idaho Process Service should still follow the overall requirements of the Idaho state. Whenever the summons, notice, or order is served by publication, it should contain in general terms a statement of the nature of the grounds of the claim, and copies of the summons and complaint shall be mailed to the last known address most likely to give notice to the party.

[4.0] REQUIREMENT OF PROOF OF SERVICE

Personal service inside and outside the state is complete on the date of delivery. Service by publication is complete upon the last publication date. Other than a subpoena, all processes may be served anywhere within territorial limits of the state and, when a statute or rule so provides, beyond the state’s territorial limits. A subpoena may be served as provided in rule 45.

Proof of Idaho Process Service is required in writing specifying the manner of service, the date, and place of service, and unless the party served files an appearance, the return must be filed with the court. In case of service by a sheriff or any peace officer or court marshal anywhere within the state of Idaho, then a certificate of the officer indicating service is required.  If Idaho Process Service is by any person, proof of service is by affidavit of such person indicating the person is over eighteen years and served as required by these rules.

If service is by mailing, not requiring proof of receipt, then proof of service is seen by affidavit of mailing by a person over eighteen who mailed such Idaho Process Service indicating the documents mailed and the date and address to which they were mailed. This is similar to certified or registered mail, which also requires postal receipts indicating whether the person receiving the service of process by mail.

If service is by publication, the poof of service is by affidavit of the newspaper publisher or the publisher’s designated agent over the age of eighteen, stating the dates of publication and attaching a true copy of the publication. However, the party’s acknowledged written admission that service of process was received is also acceptable. It is required for all the returns of service to list and identify all documents served.

At any time in its discretion, the court may allow any Idaho Process Service or proof of service to be amended, unless it clearly appears that material prejudice would result in the substantial right of the party against whom the process was issued.

[5.0] HOW TO SERVE A SUBPOENA

Idaho Process Service of a subpoena on a designated person is accomplished by conveying a copy of the subpoena to the person. This Idaho Process Service is only complete if it is accompanied by simultaneously offering or trying to offer to the person, if requested, the fees for one day’s attendance and the mileage allowed by law. 

Neither advance payment nor tender of fees and mileage is required of witnesses who are subpoenaed by the attorney general or any prosecuting attorney acting on behalf of the state. Fees and travel are not required when the subpoena is submitted on part of the state or an official or agency. When served by an officer, it should be returned with the officer’s certificate of service; when served by another person, it must be returned with the person’s affidavit of service.

[5.1] PROOF OF SERVICE FOR A SUBPOENA AND CONSEQUENCES FOR NON-COMPLIANCE

Proof of service of a notice to take a deposition or the presentation of a stipulation for its taking connotes adequate permission for the clerk of the district court for the county in which the action is pending. This is also applicable for the clerk of the district court for the county in which the deposition is being obtained to be used in another state or country, to issue subpoenas for the person named or described. The subpoena may require the person to whom it is directed to provide specified books, papers, documents, or physical objects that comprise or include evidence related to any of the topics covered. Even so, the subpoena will be subject to the requirements in the statute except that if the action is pending outside of the state, the court issuing the subpoena will have the power to enforce such provisions.

A state citizen may be compelled to appear for an examination only in the county in which they live, works, or transact business in person. A nonresident of the state may be compelled to appear in any county in the state upon receipt of a subpoena. Subpoenas for presence at a hearing or trial may be issued at the request of any party. Subpoenas for a district court or judges division hearing or trial may be served at any location within the state.

Failure by any person without adequate excuse to obey a subpoena served upon the person may be deemed a contempt of the court from which the subpoena was issued, in addition to the penalties provided by law.

For more information on serving legal papers, contact Undisputed Legal our  Idaho 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. or if service cannot be had upon any of them, then as provided by order of the court, and unless the court otherwise orders, also upon the incompetent.

2. or whenever such agent of a corporation shall resign, be removed from office, or shall have died or shall have moved from the state, or if after due diligence neither the designated agent of the corporation nor any officer or managing agent of the corporation can be found within the state,

3. municipal corporation, or quasi-municipal corporation or public board

4. or found within the state, or upon unknown persons 

5. Rule 5(a). Service and filing of pleadings and other papers – Service – When required. Every order required by its terms to be served, every pleading after the original complaint unless the court otherwise orders because of numerous defendants, every written motion other than one which may be heard ex parte, and every written notice, appearance, demand, the offer of judgment, the designation of record on appeal, brief and memorandum of law, and similar paper shall be served upon each of the parties affected thereby. Still, no service need be made on parties in default for failure to appear except that pleadings asserting new or additional claims for relief against them shall be served upon them in the manner provided for service of summons in Rule

HOW TO SERVE LEGAL PAPERS IN OREGON

Oregon State Flag

Undisputed Legal | Oregon Process Service

In Oregon, anybody over the age of 18 who is not a party to the lawsuit may serve Oregon Process Service.  These notifications to the recipients must be included in an Oregon summons. However, in Oregon, substituted service may be performed on anybody fourteen years of age or older at home.

Plaintiff can prepare as many original summonses as they would like and can send such summonses to a person authorized to serve the summons. A summons is issued when signed by the plaintiff or a current member of the Oregon State Bar.

HOW TO SEND OUT SUMMONS IN OREGON

The summons must contain:[A.] Title; [B.] direction to defendant requiring them to appear within the stipulated as well as  notification of plaintiff application for the relief demanded in case of failure to do so in the complaint [C.] Subscription; Post Office Address; [D.] Time for Response [E.] Notice to Party Served in order to adhere to Oregon Process Service

Summons must be served in any way reasonably designed to forewarn the defendant of the existence and pendency of the action and to give a reasonable opportunity to present and defend as per Oregon Process Service. Summons may be served in a manner subject to the restrictions and requirements of the law, by [A.] personal service of summons upon the defendant or an agent of defendant authorized to receive Oregon Process Service; [B.] substituted service by leaving a copy of summons and complaint at a person’s dwelling house or usual place of abode; [C.]  office service by leaving with a person who is apparently in charge of an office; Oregon Process Service by mail; or, [D.] service by publication.

Personal service may be made by delivering a true copy of the summons and a true copy of the complaint to the person to be served.

Substituted service may be performed by giving a genuine copy of the summons and the complaint at the living household or regular site of the residence of the person to be served. Oregon Process Service may be made to any individual fourteen years old or older living in the dwelling house of the defendant.   Where substituted service is used, the plaintiff must mail a true copy of the summons and the complaint to the defendant with a statement of the date, time, and place at which substituted service was made. For computing, Oregon Process Service, any length of time specified or authorized by law; substituted service needs to be complete on the mailing.

 If the person to be served keeps an office for business activity, office service may be performed by leaving a true copy of the summons and the complaint within regular working hours with the person who is ostensibly in charge. where this office service has been used, the plaintiff must send a true copy of the summons and the complaint to the defendant at the defendant’s usual place of abode or defendant’s place of business or such other place that is most reasonably calculated to properly inform the defendant of the presence and pendency of the action. This Oregon Process Service should be done by first class mail together with an assertion of the date, time, and location at which office service was made.

Oregon Process Service by mail must be determined by sending a true copy of the summons and the complaint to the defendant by first-class mail as well as [A.] certified or registered mail, [B.] return receipt requested, or [C.] express mail. It must be known that ’first-class mail’ does not include certified or registered or any other type of mail that may delay or impede the delivery of mail to the recipient.

Service by mail will be complete on the day the defendant signs a receipt for the mailing or three days after the mailing if mailed to an address within the state, or seven days after the mailing if mailed to an address outside of the state, whichever first occurs as per Oregon Process Service.

HOW TO SERVE DIFFERENT PEOPLE

Upon an individual defendant, according to personal service on the defendant or an agent authorized to start receiving Oregon Process Service of summons or, even if defendant individually is not found at defendant’s dwelling house or usual place of abode, then substituted service or office service may be done upon the individual. Upon an individual defendant who is a ‘tenant’ of a ‘mail agent’ within the meaning of ORS 646.221 by delivering a true copy of the summons and the complaint to any person apparently in charge of the place where the mail agent receives mail for the tenant,  as long as they make a diligent inquiry but cannot find the defendant; and after delivery ensures that true copy of the summons and the complaint is mailed by first-class mail to the defendant at the address at which the mail agent receives mail.

Corporations and limited partnerships will accept personal service or a higher officer of the corporation, or by Oregon Process Service upon any clerk on duty in the office of a registered agent. If a registered agent or officer cannot be found in the county where the action is filed, the summons may be served: by [A.] substituted service; or [B.] by personal service on any clerk or agent of the corporation or limited partnership who may be found in the county where the action is filed; or [C.]  by mailing a copy of the summons and complaint to the office of the registered agent or to the last registered office of the corporation. However, if the corporation or limited partnership is not authorized to transact business at the moment, Oregon Process Service may be served to the principal office or place of business. Essentially, this would be a location most likely to be able to receive Oregon Process Service. 

Oregon Process Service on the state should be done by personal service upon the Attorney General or by leaving a copy of the summons and complaint at the Attorney General’s office with a deputy, assistant, or clerk. Compensation to a sheriff or a sheriff’s deputy must be provided as well. Additionally, if any other person serves the summons, a reasonable fee may be paid for the Oregon Process Service. 

THE RETURN OF SERVICE

The summons will be promptly returned to the clerk with whom the complaint is filed with proof of Oregon Process Service or mailing or that defendant cannot be found. The summons may be returned by first-class mail. The proof of service is imperative as well, wherein Oregon Process Service will be established with a certificate of service when the summons is not served by sheriff or deputy. If the summons and complaint were mailed, the certificate might be made by the person completing the mailing or the attorney for any party. The certificate will essentially state the circumstances of mailing, and the return receipt shall be attached.

Failure to comply with the form of summons or who can serve them will not affect the validity of service of summons or the jurisdiction over the person if the court determines that the defendant received actual notice of the substance and pendency of the action. The court may allow an amendment to a summons or affidavit or certificate of service of summons. Essentially, any mistake in the summons’ content that does not materially prejudice the substantive rights of the party against whom the summons was issued can be ruled by the court. 

HOW TO SERVE A SUBPOENA 

A subpoena is a writ or order oriented to a person and it may necessitate their attendance at a particular time and place to testify as a witness on behalf of a particular party. However, a subpoena may require them to produce books, papers, documents, or tangible things and permit inspection at a particular time and place. A subpoena mandating attendance to appear as a witness demands that the witness stay until the testimony is concluded.  Still, at the conclusion of each day’s attendance, a witness may demand the party for the payment of legal witness costs for the next day. If this payment is not provided, the witness is not required to stay longer in attendance. Every subpoena must contain the name of the court and the subject of the action.

A subpoena may be issued in blank by the clerk of the court in which the action is pending. A judge or justice of the court could also issue this. It may also be issued by an attorney of record of the party to the action on whose behalf the witness is required to appear

WHO CAN BE SUBPOENAED

A resident of Oregon who is not a party to the action may be subpoenaed to appear for an examination or to produce books, papers, documents, or tangible things only in the county where they reside or at another convenient location as the court determines. A nonresident of this state who is not a party to the case may be subpoenaed to appear for an examination or to produce books, papers, documents, or physical items only in the county in which the subpoena was issued, or at such other convenient location as per Oregon Process Service.

A party issuing a subpoena may direct the person to whom it is directed, other than a hospital, to provide books, papers, documents, or physical items by mail or other means, at the time and location indicated in the subpoena, without requiring examination of the originals or requiring a deposition. The individual to whom the subpoena is aimed will be compliant only if the person produces copies of the specified items in a specified manner and confirms that the copies are true copies of all the items centered around the subpoena. If any items are not included, the person must explain why they are not included.

Disobedience to a subpoena or a refusal to be sworn or answer as a witness may be punished as contempt by of court. Upon hearing or trial, if the witness is a party and disobeys a subpoena or refuses to be sworn or answer as a witness, such party’s complaint, answer, or reply may be stricken.

HOW TO SUBPOENA HOSPITAL RECORDS

Hospital records may be obtained by subpoena only under strict Oregon Process Service specifications. If, however, disclosure of any requested records is constrained and limited by state or federal law, the protected records will not be divulged in reply to the subpoena unless adhering to Oregon Process Service standards. Without express permission or court order, the release of the sought documents that are not thus protected will be deemed to constitute compliance with the subpoena. If the subpoena is accompanied by authorized permission or court order, the production of all records sought is deemed a part of the production of the documents relevant to the subpoena.

If the subpoena is served upon the custodian of hospital records in an action in which the hospital is not a party, and the subpoena requires the production of all or part of the records of the hospital relating to the care of a patient at the hospital,  it is sufficient compliance with Oregon Process Service if a custodian delivers by mail or otherwise a true and correct copy of all the records responsive to the subpoena within five days after receipt. Delivery should be accompanied by an affidavit with the copy being photographic or microphotographic reproduction.

After filing and notifying all parties who have appeared, any party or the attorney of record of a party can examine the copy of the records in the presence of the custodian of the court files. Otherwise, it must remain sealed and should be unsealed only on the judge’s order during the trial, deposition, or other hearing. The records must be unsealed in the attendance of all parties who appeared at the trial, deposition, or hearing in person or via counsel. Records that are not brought into evidence or are not needed as part of the record should be returned to the hospital’s custodian of records.

The records should be accompanied by the affidavit of a custodian of the hospital records, stating [A.] that the affiant is a duly authorized custodian of the records and has authority to certify records; [B.]  that the copy is a true copy of all the records responsive to the subpoena; [C.] that the records were prepared by the personnel of the hospital, staff physicians, or persons acting under the control of either, in the ordinary course of hospital business, at or near the time of the act, condition, or event described or referred to therein.

If the hospital has none or only some of the records described, the affiant should put this in the affidavit and will send only those records that they have custody over. Additionally, if more than one person knows the facts required to be stated in the affidavit, more than one affidavit may be made.

HOW TO SUBPOENA MEDICAL RECORDS

A subpoena duces tecum for medical records served on a custodian or another keeper of medical records is not valid unless proof of service of a copy of the subpoena is provided. Proof of Oregon Process Service can be done on the patient or health care recipient or upon the attorney for the patient or health care recipient, made in the same manner as proof of service of a summons. This proof is attached to the subpoena served on the custodian or other keeper of medical records.

If a patient or health care recipient is represented by an attorney, a true copy of a subpoena duces tecum for the patient’s or health care recipient’s medical records must be served on the attorney not less than fourteen days before the subpoena is served on a custodian or other keeper of medical records. The court may reduce or extend the fourteen-day Oregon Process Service term upon a showing of good cause. If the patient or health care receiver is not represented by an attorney, the patient must be supplied with a true copy of the subpoena at least fourteen days before the custodian or another keeper of medical data is served with the subpoena.

If a true copy of a subpoena duces tecum for medical records of a patient or health care recipient cannot be served, and counsel does not represent the patient or health care recipient, a subpoena duces tecum for medical records served on a custodian or other keeper of medical records is valid if the attorney for the person serving the subpoena attaches to the subpoena the affidavit of the attorney attesting to [A.] that reasonable efforts were made to serve the copy of the subpoena on the patient or health care recipient, but that the patient or health care recipient could not be served; [B.] the party subpoenaing the records is unaware of any attorney who is representing the patient or health care recipient; and [C.] to the best knowledge of the party subpoenaing the records, the patient or health care recipient does not know that the records are being subpoenaed.

For more information on serving legal papers, contact Undisputed Legal our  Oregon 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. If the summons is served in any manner other than publication, the defendant shall appear and defend within 30 days from the date of service. If the summons is served by publication under subsection D(6) of this rule, the defendant shall appear and defend within 30 days from the date stated in the summons. The date so stated in the summons shall be the date of the first publication.

2. 2011 Oregon Revised Statutes ORS Volume 14, Chapters 645 – 669 ORS Chapter 646 646.221 [1991 c.465 1; renumbered 646A.340 in 2007]

3. OR Rev Stat § 646.221 (through Leg Sess 2011)

HOW TO SERVE LEGAL PAPERS ON THE UNITED STATES DEPARTMENT OF STATE

US Department of State

Undisputed Legal | Process Service

The United States Department of State is an executive agency of the U.S. federal government tasked with overseeing foreign policy and international affairs on behalf of the United States. Its main responsibilities are similar to those of other countries’ ministries of foreign affairs, such as advising the U.S. president, managing diplomatic missions, negotiating international treaties and accords, and representing the United States at the United Nations.

The Executive and Congressional branches of government are jointly responsible for US foreign policy under the Constitution. Foreign policy is mostly shaped by the Department of State, whose secretary serves as the president’s top foreign policy adviser. The Department’s main duty is to formulate and execute the President’s foreign policy, which promotes US goals and interests throughout the globe. As a result, it offers a wide range of valuable services to both U.S. residents and visitors and immigrants from other countries.

BACKGROUND

The Department of State is one of the most powerful and renowned executive agencies in the world, having been founded in 1789 as the first administrative arm of the executive branch of the United States government.

The secretary of state, a Cabinet member appointed by the president and approved by the Senate, is in charge of it. An analogy to a foreign minister would be the secretary of state, who is the first official in the Cabinet in the order of precedence and presidential succession. Currently, only the Chinese Ministry of Foreign Affairs has more diplomatic missions throughout the globe than the State Department.

MAJOR RESPONSIBILITIES OF THE DOS

Along with managing the US Foreign Service and providing diplomatic training to government employees, it has some jurisdiction over immigration and offers a variety of services to Americans, such as issuing passports and visas, posting foreign trip advisories and promoting commercial ties with other countries. The Bureau of Intelligence and Research is the oldest US civilian intelligence organisation, while the Diplomatic Security Service is the department’s law enforcement arm.

For all of the operations related to foreign affairs — such as US diplomatic presence overseas or assistance programmes in other countries — the foreign affairs budget, which accounts for less than one per cent of the overall federal budget, is used.

US citizens living or travelling abroad are protected and assisted, while American businesses are assisted in the international marketplace. Other activities of other US agencies (local, state, or federal government), official visits abroad and at home are also supported by the department, as are other diplomatic efforts. It is also the job of the DOS to keep the people knowledgeable about US foreign policy and ties with other states as well as provide administration officials with feedback from the public. Often the DOS must provide automobile registration for non-diplomatic staff vehicles and for foreign diplomats’ vehicles in the United States who have diplomatic immunity.

Normally, the Foreign Service personnel system is used by the Department of State for jobs that need travel outside of the country. Depending on the position, employees may be deployed to diplomatic missions overseas to represent the United States, study and report political, economic and social trends, adjudicate visas, and attend to the requirements of American residents stationed there.

More than two hundred and fifty US embassies and consulates are located throughout the globe, having diplomatic ties to more than a hundred nations and many international organisations. The Department of State collaborates closely with other federal agencies, such as the Departments of Defence, Treasury, and Commerce, in carrying out these duties. Department of State regularly works with the United States Congress on foreign policy issues and policies

WHO CAN ACCEPT A SUMMONS

Only the Executive Office of the Office of the Legal Adviser (L/EX) is authorized to receive and accept summonses or complaints sought to be served upon the Department or Department employees. Furthermore, only the Office of the Legal Adviser is authorized to receive and accept subpoenas, court orders or other demands or requests for official information or action.

It is important to adhere to the requirements of Process Service of any summons or complaint described. Any attempted Process Service that does not comply with these requirements is rendered ineffective. Consequently, the officer who receives that Process Service is required to either refuse the Process Service or return the documents with a letter telling the plaintiff to comply with  Process Service procedures. 

It must be remembered that in case of misplaced or misleading Process Service, the Department is not an authorised agent for serving of Process Service with regard to civil action against Department employees solely in their personal, non-official capacity. Documents such as summonses or complaints addressed to Department employees in conjunction with court processes arising out of the execution of official responsibilities may, however, be delivered onto the Office of the Legal Adviser. Additionally, papers for which the Office of the Legal Adviser allows service in an official position only must be marked “Service Accepted in Official Capacity Only”. 

Receipt of Process Service will not amount to admission or waiver with regard to jurisdiction, appropriateness of Process Service, inappropriate venue, or any other defence in the law applicable under the laws and regulations relevant for the serving of Process Service.

HOW TO SERVE SUBPOENAS ON THE DEPARTMENT

Unless the Department is represented by legal counsel who has entered an appearance or otherwise notified the Department of their representation, only the Office of the Legal Adviser is authorised to begin receiving and acknowledge subpoenas, or even other demands or requests directed to the Department, regardless of whether civil or criminal in nature. This is relevant for all types of subpoenas, including [A.]  material, including documents, contained in the files of the Department; [B.] information; [C.] garnishment or attachment of compensation of current or former employees; or [d.] the performance or non-performance of any official Department duty. 

If a subpoena, demand, or request is attempted to be served on a Department employee (including former employees) in a way other than that specified, such attempted Process Service is considered to be null and void. After consulting with the Office of the Legal Adviser, such personnel are well within their rights to refuse to accept the subpoena, demand, or request and might return them to the server through a written message. Even if the subpoena or other documents are actually accepted, their acceptance would not constitute a waiver of any defences that might otherwise exist with respect to Process Service under the Federal Rules of Civil or Criminal Procedure or other applicable rules. 

RESPONSIBILITIES OF EMPLOYEES

It is not necessary for any employee of the Department to provide any written or oral testimony about information in their employment with the Department. This is not a part of their official status or duties and is not required to do so unless specifically asked by the Director-General of the Foreign Service and Director of Personnel or the Legal Adviser, or delegates of either after the two bureaus confirm the same. This information may be solicited via deposition, declaration or affidavit. 

The functions of the Passport Office, the Visa Office, and the Office of Citizens Services provide authority to the Assistant Secretary of State for Consular Affairs to authorise testimony. This authority comes from concurrence with the Office of the Legal Adviser. 

Unless authorised by the Director-General of the Foreign Service, Legal Advisor or Assistant Secretary of State for Consular Affairs or their delegates as appointees, it is not allowed for any employee to use any document or material acquired as part of discharging their duties in litigation. This requirement is also held by virtue of their official status in response to a demand or request in connection with any litigations. 

WHAT HAPPENS WHEN DEPARTMENT INFORMATION IS ASKED

When testimony or production of official Department information is sought, the party seeking such release or testimony must set forth the Process Service request in writing. This written message must be as specific as possible and must detail the nature and relevance of the official information sought. This could be via testimony or a request or demand It is the responsibility of Department personnel to only work on items that have been authorised in writing by the relevant Department authority for production, disclosure, release, comment or testimony. The Office of the Legal Adviser may waive this requirement in some circumstances. A framework of all reasonably foreseeable demands may indeed be required by the Department. 

This official shall inform the Department employee and anyone else who may be affected by the decision on compliance with the request or demand. Legal counsel for Department and the employees will have to discuss with the Department of Justice what actually suitable situations, according to the Process Service guidelines of the Office of Legal Adviser. 

WHAT TO DO IS A RESPONSE IS NEEDED FIRST 

If a response to a demand is required before the appropriate Department official renders a decision, the Department will request that either a Department of Justice attorney or a Department attorney  who is authorised will [A.] appear with the employee upon whom the demand has been made; [B.] furnish the court or other authority with a copy of the regulations contained in this part; [C.] inform the court or other authority that the demand has been referred for the prompt consideration of the appropriate Department official; and  [D.] respectfully request the court or authority to stay the demand pending receipt of the requested instructions. 

It is the employee’s responsibility to ask for a reasonable stay of proceedings in order to get instructions from the department if an immediate request for production or disclosure is made in situations that prevent the appropriate designation or appearance of a Department of Justice or Department attorney on the employee’s behalf.  

PROCEDURE FOR AN ADVERSE DEMAND.

The employee on whom the demand has been made must courteously reject compliance with the demand if a court or other legal or quasi-legal authority declines to stay the effect of the demand. This also applies if the court rules that the demand must be met regardless of commands from the Department to withhold material or disclose information sought.

In deciding whether to comply with a demand or request, Department officials and attorneys must take into mind whether such compliance would be unduly burdensome or otherwise inappropriate under the rules of discovery or the rules of procedure governing the case or matter in which the demand arose. Additionally, it should be examined whether compliance is appropriate under the relevant substantive law concerning privilege or disclosure of information. 

Other factors like public interest or the need to conserve the time of Department employees for the conduct of official business or even the need to maintain impartiality between private litigants in cases where a substantial government interest is not implicated would have to be considered

IN CASES OF EXPERT OR OPINION  TESTIMONY

Department employees cannot provide an opinion or expert testimony based upon information which they acquired in the scope and performance of their official Department duties, except on behalf of the United States or a party represented by the Department of Justice. 

The relevant Department official assigned may grant special, written authorization for Department employees to appear and testify as expert witnesses at no cost to the Unit only on an exhibition by the requestor of exceptional need or unique circumstances and that the anticipated testimony will not be adverse to the interests of the United States

A court of competent jurisdiction or other appropriate authority may order the appearance and expert or opinion testimony of a Department employee. In this case, the Department employee must immediately notify the Office of the Legal Adviser. Employees in the Department must comply with court orders that are determined by the Office of the Legal Adviser that further legal review or challenge will not be undertaken. However, if ordered to do so by the Office of Legal Counsel, the employee will politely refuse to provide evidence.

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. He has been approved by the Senate after being nominated by Joe Biden and receiving a majority of the vote of seventy-eight senators to twenty-two senators on January 26, 2021.

2. All such documents should be delivered or addressed to: The Executive Office, Office of the Legal Adviser, Suite 5.600, 600 19th Street NW., Washington DC 20522. (Note that the suite number is 5.600.)

3. §§ 172.2(d); § 172.3 Service of subpoenas, court orders, and other demands or requests for official information or action.

Although the Department is not an agent for the service of process upon its employees with respect to purely personal, non-official litigation, the Department recognizes that its employees stationed overseas should not use their official positions to evade their personal obligations and will, therefore, counsel and encourage Department employees to accept service of process in appropriate cases, and will waive applicable diplomatic or consular privileges and immunities when the Department determines that it is in the interest of the United States to do so.

4. including testimony, affidavits, declarations, admissions, responses to interrogatories, or informal statements, relating to the material contained in the files of the Department or which any Department employee acquired in the course and scope of the performance of his official duties

5. In response to a demand or request in connection with any litigation, whether criminal or civil

6. Except as otherwise required by federal law or authorized by the Office of the Legal Adviser

7. § 172.7 Procedure in the event of an adverse ruling.

If the court or other judicial or quasi-judicial authority declines to stay the effect of the demand in response to a request made pursuant to § 172.6, or if the court or other authority rules that the demand must be complied with irrespective of the Department’s instructions not to produce the material or disclose the information sought, the employee upon whom the demand has been made shall respectfully decline to comply with the demand, citing this part and the United States ex rel. Touhy v. Ragen, 340 U.S. 462 (1951).

8. United States ex rel. Touhy v. Ragen, 340 U.S. 462 (1951)

9. § 172.4 Testimony and production of documents prohibited unless approved by appropriate Department officials.

10. including but not limited to names of all employees and former employees from whom discovery will be sought, investigation areas, expected durations of proceedings requiring oral testimony, and identification of potentially relevant documents.

11. 57 FR 32896, July 24, 1992, as amended at 83 FR 17489, Apr. 20, 2018

12. 57 FR 32896, July 24, 1992, as amended at 83 FR 17489, Apr. 20, 2018

13. United States ex rel. Touhy v. Ragen, 340 U.S. 462 (1951).

14. Among those demands and requests in response to which compliance will not ordinarily be authorized are those with respect to which, inter alia, any of the following factors exist: 

(1) Compliance would violate a statute or a rule of procedure; 

(2) Compliance would violate a specific regulation or executive order; 

(3) Compliance would reveal information properly classified in the interest of national security; 

(4) Compliance would reveal confidential commercial or financial information or trade secrets without the owner’s consent; 

(5) Compliance would reveal the internal deliberative processes of the Executive Branch; or 

(6) Compliance would potentially impede or prejudice an ongoing law enforcement investigation. 

15. A court of competent jurisdiction or other appropriate authority may order the appearance and expert or opinion testimony of a Department employee. In this case, the Department employee must immediately notify the Office of the Legal Adviser. Employees in the Department must comply with court orders that is determined by the Office of the Legal Adviser that further legal review or challenge will not be undertaken. However, if ordered to do so by the Office of Legal Counsel, the employee will politely refuse to provide evidence.

PRIVACY OF GENETIC INFORMATION IN THE UNITED STATES

Genetics

Undisputed Legal | Process Service

Genetic information about oneself is often disregarded as private by individuals. The genome, or whole set of DNA, is unique to each person, but the particular variations within a person’s genome may be widely shared across biological relatives or even throughout the entire human population. The genome’s dual importance as a private and public collection of widely shared common components makes any discussion of legislation addressing genetic privacy impossible.

As an identity, DNA has been conceived as the person’s ‘book of life’ and as a way to predict the future, although this isn’t as true as many people believe. A common reaction to this way of thinking is the desire to be in control of who has access to their genetic data, which leads to demands for robust privacy protection or even personal genetic data ownership.

BACKGROUND

Contrary to popular belief, genetic data does not only apply to a single person. It may provide information about a person’s immediate and distant ancestors. A person’s genetic variations can only be understood by examining the genetic data of many other individuals.  Because of the genome’s open nature and high monetary worth, determining how much control people should have and how to offer adequate privacy safeguards is challenging.

A new form of privacy is also gaining popularity since the notion of ‘privacy’ itself has changed over the last several decades. Because of this, the conventional understanding of privacy—as the ‘right to be left alone’—has come under growing pressure in the Information Age. Due to the Internet and other ubiquitous communication technologies, a lot of personal information may be shared without the knowledge or permission of the individual.  Some argue that maintaining one’s secrecy is less important than controlling how their data is distributed and used by others, such as when seeking healthcare, making purchases, and going about their daily life. According to this ‘dominant paradigm’, privacy is defined as a personal right to choose how one’s data is used, both on and off the Internet.

CALIFORNIA’S ADVANCES IN GENETIC PRIVACY

The Genetic Information Privacy Act signed into law by California Governor Gavin Newsom on October 9tH requires direct-to-consumer genetic testing businesses to give information and seek explicit permission from customers about the collection, use, and dissemination of genetic data, provided in bill SB 41.

People now have more say in how their genetic information is utilized, owing to the Genetic Information Privacy Act. Consent may be revoked by customers if they follow specific processes. This means that companies like 23AndMe Inc. and Ancestry.com Inc. must delete a customer’s biological sample within thirty days of the customer revoking their permission if the customer cancels the order. 

WHERE GENETIC PRIVACY COMES INTO PLAY

Recent technological advancements have made it feasible to analyze DNA directly with incredible precision and cost reductions, contributing to the dramatic growth of genome-based approaches such as exome- or genome-based sequencing, which can provide significantly more information than single-gene tests. For certain infants born with developmental disabilities or severe illnesses, genetic testing has already proved useful in identifying diseases with no known cause.

It’s crucial to note that HIPAA only applies to organizations that are either ‘covered entities’ or their business associates (BAs) when dealing with genetic data or any other PHI.  Many unprotected organizations gather genetic information, such as 23andMe and genealogical websites like Ancestry.com, which provide genetic testing online. There is currently no government oversight of companies like 23andMe, despite the FDA recently notifying the company that it was marketing its over-the-the-counter saliva collection kit and Personal Genome Service (PGS) in violation of the Federal Food, Drug, and Cosmetic Act. It has been stated by the FDA that ‘a false-positive BRCA-related risk assessment for breast or ovarian cancer could lead to prophylactic surgery, chemotherapy, intensive screening or other morbidity-inducing actions, while a false negative could lead to a failure to recognize an actual risk that may be present

Existing rules governing genetic information are obviously deficient in a wide range of respects. Instead of making safeguards reliant on who possesses the data, one solution to GINA and HIPAA’s flaws—and not only in genetics—is to attach protections to the data itself. This eliminates the patchwork effect caused by so-called ‘covered entities.’.

The genetic data of customers must be protected from illegal usage by direct-to-consumer testing businesses. Consumers’ accounts and genetic data must also be accessible and erasable by the businesses.

Third-party access permission forms must also be more clear for customers. As a result of this, businesses that provide direct-to-consumer genetic testing must abide by all applicable regulations when providing customer genetic data to police enforcement without their permission. As a result of this change in legislation, ancestry websites will still be utilized as tools for law enforcement investigators, according to Umber. Unless permission has been sought directly from the court, individuals cannot sell or give away material. Most direct-to-consumer businesses’ practices are now codified under the new legislation. Civil fines will be levied on companies who break the new rule. As of January 1, 2022, the Genetic Information Privacy Act will go into effect as a result of the legislation.

WHAT IS THE COMMON RULE

A basic ethical norm known as The Common Rule governs biomedical research in the United States that involves human subjects and seeks to safeguard their privacy by removing ‘identifiers’ such as their name or address from gathered data. Policymakers have been urged to provide uniform standards and best practices for researchers’ access to and use of genetic data obtained from individuals. 

For biomedical and behavioral research involving human participants, The Common Rule was established in the United States in 1981. In July 2018, a major change went into effect. It regulated Institutional Review Boards (IRBs) to oversee human research after the Declaration of Helsinki was revised in 1975. Regardless of the financing, virtually all academic institutions in the country hold their researchers to these declarations of rights.

Additionally, the Genetic Information Nondiscrimination Act (GINA), safeguards genetic privacy for the general population, as well as research subjects. As a result of GINA, health insurers and employers may no longer seek or demand genetic information on a person or a member of that person’s family (and further prohibits the discriminatory use of such information). Other types of insurance, such as life insurance, are not covered by this policy. The Genetic Information Nondiscrimination Act (GINA)  was signed into law on May 21, 2008.  GINA protects individuals against discrimination based on their genetic information in health coverage and in employment.  

GINA is divided into two sections or Titles.  Title I of GINA prohibits discrimination based on genetic information in health coverage.  Title II of GINA prohibits discrimination based on genetic information in employment.

HOW DOES GINA WORK

GINA is primarily an anti-discrimination statute.  Genetic information cannot be used to discriminate against an individual when it comes to insurance by group health and Medicare supplementary plans, but not by life, disability, or long-term care policies.

Genetic information cannot be used in work decisions such as hiring, dismissing, or promotion, according to Title II of GINA. In addition, employers are forbidden from requesting or purchasing genetic information under this provision. If an employer has less than fifteen workers, however, GINA does not apply. Federal government entities are prohibited from collecting and utilizing genetic information on workers or job candidates in hiring and promotion decisions under an Executive Order that goes along with GINA. 

In the United States, GINA allegations are investigated and enforced by the Equal Employment Opportunity Commission (EEOC). As part of its post-offer, pre-employment medical examination, one company was accused by the Equal Employment Opportunity Commission of violating GINA by asking and requiring job applicants to indicate whether or not they had a family medical history for a number of diseases and disorders. The lawsuit, filed in 2013, was settled for $50,000. A week later, the EEOC sued the Founders Pavillion nursing and rehab facility in Corning, New York, in a similar manner.

WHY DOES GENETIC PRIVACY MATTER

A person’s privacy refers to how much the public has access to them. Privacy is a concept referring to the significance of limiting access to a person or to information about them.

There are also certain genetic privacy safeguards under the Health Insurance Portability and Accountability Act of 1996 (HIPAA). Genetic information is included in HIPAA’s definition of health information, and health care professionals are prohibited from disclosing it to anybody. Protected health information (PHI) now includes genetic information, according to the HIPAA Omnibus Rule of 2013. Data cannot be used for any other health insurance plans save for life, disability, or long-term care insurance, which is still allowed. Long-term care insurance excludes anybody with a hereditary tendency to Alzheimer’s, for example, from being insured. According to the definition, genetic information comprises genetic testing and a family member or their baby or embryo, as well as proof of sickness in a family member. It excludes gender and age.

It’s essential to remember that genetic privacy includes informational privacy Genetics is intimately linked to data, whether it’s in the form of family trees or the findings of genetic tests. Genetic information is often very sensitive due to the potential impact on an individual’s and their family’s present and future health. There are also significant societal and economic ramifications to this discovery.

However, the Omnibus Rule ignores one issue with GINA: GINA is built on an outdated genetics foundation dating back over two decades. Only those who have not yet been diagnosed with an illness, i.e., the condition has not yet ‘manifest,’ are protected under GINA. Numerous genetic markers may now be tested to see whether they are precursors to illness or if the individual would benefit from preventative therapy. For purposes of GINA and HIPAA, genetic markers that are present do not constitute a ‘manifestation’ of a disease.

Concerning genetic privacy and personal privacy in general, three important ideas are secrecy, security, and anonymity. As the term suggests, confidentiality denotes an instance in which information is shared inside a trusted partnership, such as between a doctor and patient with an understanding that it would not be revealed without the consent of those who originally shared it. Confidentiality, which includes not disclosing genetic information, is a cornerstone of many health professionals’ ethical standards and a cornerstone of any laws. In certain situations, such as those recognised by law or ethical standards, other interests, such as the safety and health of third parties, may take precedence over the need to preserve confidentiality entirely.

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. Some have argued that individuals have a responsibility to disclose data about themselves for low-risk research since knowing the causes of health and illness is so important

2. ‘California Governor Signs into Law Bills Updating the CPRA and Bills Addressing the Privacy and Security of Genetic and Medical Data, among Others.’ The National Law Review, https://www.natlawreview.com/article/california-governor-signs-law-bills-updating-cpra-and-bills-addressing-privacy-and. 

3. ‘At-home DNA tests have provided people with the ability to seek meaningful connections to long-lost family or their own cultural and religious histories. Most people have no idea that this data can then legally be shared with third parties or potentially used against them in a variety of ways,’ said Senator Tom Umberg, who authored the bill. ‘Genetic testing companies have, to date, gone largely unregulated by either state or national governments. This has led to breaches of sensitive private biological information.’

4. The Health Insurance Portability and Accountability Act of 1996 (HIPAA Pub.L. 104–191 110 Stat. 1936 or the Kennedy–Kassebaum Act) is a United States federal statute enacted by the 104th United States Congress and signed into law by President Bill Clinton on August 21, 1996. It modernized the flow of healthcare information, stipulates how personally identifiable information maintained by the healthcare and healthcare insurance industries should be protected from fraud and theft, and addressed some limitations on healthcare insurance coverage

5. ‘FDA Orders Genetics Company 23andMe to Cease Marketing of Screening Service.’ The Guardian, Guardian News and Media, 25 Nov. 2013, https://www.theguardian.com/science/2013/nov/25/genetics-23andme-fda-marketing-pgs-screening. 

6. The Common Rule is a 1981 rule of ethics in the United States regarding biomedical and behavioral research involving human subjects. A significant revision became effective July 2018. It governed Institutional Review Boards for oversight of human research and followed the 1975 revision of the Declaration of Helsinki; it is encapsulated in the 1991 revision to the U.S. Department of Health and Human Services Title 45 CFR 46 (Public Welfare) Subparts A, B, C and D. Subpart A.

7. The World Medical Association (WMA) has developed the Declaration of Helsinki as a statement of ethical principles for medical research involving human subjects, including research on identifiable human material and data.

8. It is contained in the 1991 amendment to Title 45 CFR 46 (Public Welfare) Subparts A, B, C, and D of the U.S. Department of Health and Human Services

9. The 21st Century Cures Act is a United States law enacted by the 114th United States Congress in December 2016 and then signed into law on December 13, 2016. It authorized $6.3 billion in funding, mostly for the National Institutes of Health. The act was supported especially by large pharmaceutical manufacturers and was opposed especially by some consumer organizations.

Proponents said that it would streamline the drug and device approval process and bring treatments to market faster. Opponents said that it would allow drugs and devices to be approved on weaker evidence, bypassing randomized, controlled trials, and bring more dangerous or ineffective treatments to market]

The bill incorporated the Helping Families In Mental Health Crisis Act, first introduced by then-Congressman Tim Murphy, R-Pa., which increased the availability of psychiatric hospital beds and established a new assistant secretary for mental health and substance use disorders.

10. The Genetic Information Nondiscrimination Act of 2008 (Pub.L. 110–233), 122 Stat. 881, enacted May 21, 2008), is an Act of Congress in the United States designed to prohibit some types of genetic discrimination. The act bars the use of genetic information in health insurance and employment: it prohibits group health plans and health insurers from denying coverage to a healthy individual or charging that person higher premiums based solely on a genetic predisposition to developing a disease in the future, and it bars employers from using individuals’ genetic information when making hiring, firing, job placement, or promotion decisions.

11. ‘Fabricut to Pay $50,000 to Settle EEOC Disability and Genetic Information Discrimination Lawsuit.’ Fabricut to Pay $50,000 to Settle EEOC Disability and Genetic Information Discrimination Lawsuit | U.S. Equal Employment Opportunity Commission, https://www.eeoc.gov/newsroom/fabricut-pay-50000-settle-eeoc-disability-and-genetic-information-discrimination-lawsuit. 

12. Fabricut, Inc., one of the world’s largest distributors of decorative fabrics, will pay $50,000 and furnish other relief to settle a disability and genetic information discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC)

13. About 170 lawsuits have been filed by employees, applicants, and former employees alleging that businesses illegally requested or exploited genetic information for discrimination as of late July 2013, according to the EEOC.

14. The HIPAA Omnibus Rule was finalized by the Office for Civil Rights (OCR). The Office of Management and Budget (OMB) approved the final rule and subsequently published it in the Federal Register. The Federal Register has published the final Omnibus rules written by the U.S. Department of Health and Human Services (HHS) that will modify the HIPAA Privacy, Security, Breach Notification, and Enforcement Rules. 

HOW TO SERVE LEGAL PAPERS ON US BANCORP

US Bankcorp.

Undisputed Legal | Delaware Process Service

American bank holding business U.S. Bancorp is located in Minneapolis, Minnesota, and is established under the laws of the State of Delaware. US Bancorp is the parent company for US Bank National Association, the country’s fifth-largest bank. Individuals, companies, governments, and other financial institutions may access banking, investing, mortgage, trust, and payment services provided by the firm. 

There are over three thousand branches and automated teller machines throughout the western and midwestern United States, mainly in this bank.

BACKGROUND

The Financial Stability Board classifies it as a systemically significant bank. Credit card transactions are also processed for retailers through the company’s Elavon subsidiary. Elan Financial Services is a credit card issuer for local credit unions and banks in the United States.

After the National Bank Act was passed in 1863, Bancorp was given Charter #24, the country’s second-oldest continuous national charter. A system of national banks was formed by the National Banking Acts of 1863 and 1864 as two US federal banking acts, whereinafter the US National, Banking System was born. A national currency backed by U.S. Treasury assets was advocated, and the Office of the Comptroller of the Currency was set up as a department under United States Treasury along with a system of nationally chartered banks. Today’s national banking system and consistent U.S. financial policy are both thanks to the Act.

 As banks have closed or been purchased, older charters have expired, causing the number of U.S. Bank’s charters to rise from #24 to #2. Wells Fargo, which acquired Wachovia in the merger, has the country’s oldest national charter, initially given to the First National Bank of Philadelphia.

HISTORY

When the United States National Bank of Portland opened its doors in 1891 in Portland, Oregon, it was known as the United States National Bank of Portland. However, the bank retained the U.S. National Bank name when it merged with Ainsworth National Bank of Portland in 1902. When the bank became the United States National Bank of Oregon, its name was altered to reflect the new identity.

The First National Bank of Minneapolis was established in 1864, and this is when the core of the institution began. The First National Bank of St. Paul (founded in 1864) and a series of minor banks from the Upper Midwest joined in 1929 to create the First Bank Stock Corporation, which became the First Bank System in 1968 when the merger was complete.

Milwaukee’s Farmers and Millers Bank opened its doors in 1853, becoming the First National Bank of Milwaukee before becoming First Wisconsin and then Firstar Corporation in the franchise’s eastern portion. National Charter #24, the charter under which U.S. Bancorp operates today, is one of the nation’s oldest operating national bank charters and was first established in Cincinnati on July 13, 1863. The company U.S. Bancorp claims to have been founded in 1863. However, the First National Bank of Cincinnati was founded in the middle of a Civil War and went on to develop into Star Bank.

In April 2001, the new U.S. Bancorp announced the pending acquisition of all 20 branch offices in California of the Encino-based Pacific Century Bank from its Honolulu-based parent Pacific Century Financial Corporation. The acquisition was completed in September 2001.

SUBSIDIARIES OF US BANCORP

US BANCORP

US Bancorp is a General Domestic Corporation that was established in Delaware for Delaware Process Service purposes. The entity has been incorporated in Delaware for almost a century, having first been formed on 2nd April 1929. Previously, the U.S. Bank took accessibility seriously, but in 2018, a new strategy established a specialized role inside User Experience that enabled teams to consider accessibility completely as part of the design process. As a result, the bank increased its accessibility team’s size from a few to dozens of members, demonstrating the project’s significance and breadth.

The entity retains the Corporation Trust Company as a registered agent for Delaware Process Service. 

U.S. BANCORP ASSET MANAGEMENT, INC.

US Bancorp Asset Management Inc was incorporated in Delaware on 19th March 2001.  The entity is a Domestic Corporation in the state of Delaware. An official copy of the new business filing or a good standing certificate is required by certain financial institutions. To open a business account, business owners may need to provide extra information to the Financial Institution to comply with Delaware Process Service requirements. When owners file for the new entity, they must seek a Certificate of Status or a Certificate of Good Standing on the Document Filing Sheet’s remark area for Delaware Process Service. A  Short Form Certificate of Status costs USD 50.00, and a Long Form Certificate of Status costs USD175.00, depending on the length of the certificate (states status and all documents ever filed on entity). There will be an extra Expedited Fee for Status inquiries if the individuals seek Expedited Services for the new entity file as per specific Delaware Process Service norms. 

The Corporation Trust Company is the registered agent for Delaware Process Service.  The entity requires a registered agent to accept Delaware Process Service on behalf of the corporation who must be in the state of business. Corporation Trust Company is based in New Castle, Delaware where it operates for Delaware Process Service. 

U.S. BANCORP & CAPITAL TRUST

The US Bancorp and Capital Trust is a Statutory Trust based in Delaware. The entity is domestic in terms of its jurisdiction, having been created and incorporated as a general trust in Delaware on 7th April 2016 for Delaware Process Service purposes. 

Unlike most other US Bancorp subsidiaries, US Bancorp and Capital Trust do not retain Corporation Trust Company as its registered agent for Delaware Process Service. In its capacity as a statutory trust, the entity actually retains Harvard Business Services, Inc in Sussex County as a registered agent for Delaware Process Service. Harvard Business Services, Inc. is a Delaware formations specialist and Registered Agent with industry-leading products, customer service, and pricing. Richard H. Bell, II (Rick) formed Harvard Business Services, Inc. on March 2, 1981.

U.S. BANCORP COMMUNITY INVESTMENT CORPORATION

The U.S. Bancorp Community Investment Corporation was incorporated in Delaware on 23rd January 2006 in accordance with Delaware Process Service. U.S. Bancorp Community Investment Corporation is categorized as a Domestic General Corporation in the state of Delaware.  The entity must retain a Certificate of Incorporation in order to conduct business in the state and adhere to Delaware Process Service.

The certificate of incorporation must set forth [A.] the name of the corporation; [B.]  the address of the corporation’s registered office in this State, and the name of its registered agent at such address; [C.]  the nature of the business or purposes to be conducted or promoted; [D.] if the corporation is to be authorized to issue only one class of stock, the total number of shares of stock which the corporation shall have authority to issue and the par value of each of such shares, although the entity should also mention if the corporation is to be authorized to issue more than one class of stock [E.]  a statement of the designations and the powers, preferences, and rights, and the qualifications, limitations or restrictions thereof, [F.] the name and mailing address of the incorporator or incorporators; and [G.] the powers of the incorporator or incorporators are to terminate upon the filing of the certificate of incorporation, the names and mailing addresses of the persons who are to serve as directors until the first annual meeting of stockholders or until their successors are elected and qualify.

U.S. Bancorp Community Investment Corporation retains the Corporation Trust Company as the registered agent for Delaware Process Service.  Delaware law requires that every business entity have and maintain a Registered Agent in the State of Delaware who may be either an individual resident or business entity that is authorized to do business in the State of Delaware in accordance with Delaware Process Service. The registered agent must have a physical street address in Delaware.

U.S. BANCORP GOVERNMENT LEASING AND FINANCE, INC

The U.S. Bancorp Government Leasing and Finance, Inc is a foreign general corporation for Delaware Process Service. The entity comes under the jurisdiction of the state of Minnesota, although it was incorporated in Delaware on 2nd February 2012. It must be known here that as a foreign general corporation, the U.S. Bancorp Government Leasing and Finance, Inc must have paid an eighty-dollar fee to the Secretary of State of this State to conduct business in the state according to Delaware Process Service. 

Additionally, the entity must have filed [A.] a certificate up to months prior to the filing date, issued by an authorized officer of the jurisdiction of its incorporation evidencing its corporate existence and [B.] a statement executed by an authorized officer of each corporation setting forth the name and address of its registered agent in Delaware, a statement that was issued not more than six months before the filing date, of the assets and liabilities of the corporation, and the business it proposes to do in Delaware, and a statement that it is authorized to do that business in the jurisdiction of its incorporation as per Delaware Process Service. 

As such, in its Delaware office, the U.S. Bancorp Government Leasing and Finance, Inc retains Corporation Trust Company as a registered agent for Delaware Process Service, which conducts its business of receiving Delaware Process Service on behalf of U.S. Bancorp Government Leasing and Finance, Inc from the county of New Castle in Delaware

U.S. BANCORP INSURANCE SERVICES, INC.

The U.S. Bancorp Insurance Services, Inc is an older subsidiary of US Bancorp, having been registered in the state of Delaware on 21st December 1959. The entity is a domestic general corporation that falls within Delaware jurisdiction for Delaware Process Service. 

Delaware Process Service on U.S. Bancorp Insurance Services, Inc is actually received by its registered agent for Delaware Process Service, Corporation Trust Company. 

U.S. BANCORP MORTGAGE ADVISERS, LLC

U.S. Bancorp Mortgage Advisers, LLC is a domestic limited liability company in the state of Delaware. The entity was incorporated in Delaware on 30th March 2005. The registered agent for Delaware Process Service is the Corporation Trust Company, New Castle. Each limited liability company should retain [A.] a registered office, which may but need not be a place of its business in the State of Delaware; and [B.] a registered agent for Delaware Process Service on the limited liability company.

The name of each limited liability company as set forth in its certificate of formation should contain [A.]  the words ‘Limited Liability Company’ or the abbreviation ‘L.L.C.’ or the designation ‘LLC’; [B.] the name of a member or manager; [C.] information as such to distinguish it upon the records in the office of the Secretary of State from the name on such records of any corporation, partnership, limited partnership, statutory trust or limited liability company reserved, registered, formed or organized under the laws of the State of Delaware or qualified to do business [D.] the words ‘Company,’ ‘Association,’ ‘Club,’ ‘Foundation,’ ‘Fund,’ ‘Institute,’ ‘Society,’ ‘Union,’ ‘Syndicate,’ ‘Limited’ or ‘Trust’ (or abbreviations of like import) in order to comply with Delaware Process Service

U.S. Bancorp has agreed to pay USD 8 billion for MUFG Union Bank’s consumer division by September 21, 2021. Firstar Corp. of Milwaukee acquired the bank in 2001 in a USD 21 billion merger. To U.S. Bancorp’s existing loan portfolio, the agreement with MUFG Union will add $58 billion in loans, while simultaneously expanding U.S. Bancorp’s deposit portfolio from USD 429 billion to USD 519 billion, giving the bank a significant foothold on the West Coast, particularly in California.

For more information on serving legal papers, contact Undisputed Legal our  Delaware 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. Putting it at number 117 on the Fortune 500

2. THE CORPORATION TRUST COMPANY

CORPORATION TRUST CENTER 1209 ORANGE ST

WILMINGTON County: New Castle

DE

Postal Code: 19801

302-658-7581

3. THE CORPORATION TRUST COMPANY

CORPORATION TRUST CENTER 1209 ORANGE ST

WILMINGTON County: New Castle

DE

Postal Code: 19801

302-658-7581

4. HARVARD BUSINESS SERVICES, INC.

16192 COASTAL HWY

LEWES County: Sussex

DE

Postal Code: 19958

302-645-7400

5. This should contain 1 of the words ‘association,’ ‘company,’ ‘corporation,’ ‘club,’ ‘foundation,’ ‘fund,’ ‘incorporated,’ ‘institute,’ ‘society,’ ‘union,’ ‘syndicate,’ or ‘limited,’ (or abbreviations thereof, with or without punctuation),

6. It shall be sufficient to state, either alone or with other businesses or purposes, that the purpose of the corporation is to engage in any lawful act or activity for which corporations may be organized under the General Corporation Law of Delaware, and by such statement, all lawful acts and activities shall be within the purposes of the corporation, except for express limitations, if an

7. THE certificate of incorporation shall set forth the total number of shares of all classes of stock which the corporation shall have authority to issue and the number of shares of each class and shall specify each class the shares of which are to be without par value and each class the shares of which are to have par value and the par value of the shares of each such class.

8. If such certificate is in a foreign language, a translation thereof, under oath of the translator, shall be attached thereto

9. This registered agent may be any of the foreign corporation itself, an individual resident in Delaware, a domestic corporation, a domestic partnership (whether general (including a limited liability partnership) or limited (including a limited liability limited partnership)), a domestic limited liability company, a domestic statutory trust, a foreign corporation (other than the foreign corporation itself), a foreign partnership (whether general (including a limited liability partnership) or limited (including a limited liability limited partnership)), a foreign limited liability company or a foreign statutory trust

10. THE CORPORATION TRUST COMPANY

CORPORATION TRUST CENTER 1209 ORANGE ST

WILMINGTON County: New Castle

DE Postal Code: 19801

11. Which agent may be either an individual resident of the State of Delaware whose business office is identical with the limited liability company’s registered office authorized to do business in the State of Delaware having a business office identical with such registered office, which is generally open during normal business hours to accept service of process and otherwise performs the functions of a registered agent, or the limited liability company itself

HOW TO SERVE LEGAL PAPERS ON HSBC BANK

HSBC Bank

Undisputed Legal | New York City Process Service

Investment bank and financial services conglomerate HSBC Holdings PLC is based in the United Kingdom. With total assets of USD 2.984 trillion as of December 2020, it would be Europe’s second-biggest bank. The Hongkong and Shanghai Banking Corporation created HSBC in London in 1991 to serve as a new group holding company, and the name HSBC is derived from the initials of that firm. In 1865, the Hongkong and Shanghai Banking Corporation established offices in Shanghai, and in 1866, the company was officially formed.

BACKGROUND

In Africa, Asia, Oceania, Europe, North America, and South America, HSBC has a wide influence, with approximately three thousand branches and around forty million clients globally. It also has offices in Europe, North America, and South America. By the end of 2014, Forbes magazine ranked it as the sixth-largest public business in the world. The Financial Stability Board considers it to be a systemically important bank.

To capitalize on the booming trade with China, Thomas Sutherland established the Hongkong and Shanghai Bank in British Hong Kong on March 3rd, 1865, and in Shanghai a month later. An Ordinance of Hong Kong’s Legislative Council established The Hongkong and Shanghai Banking Corporation on August 14, 1866. HSBC bought a 51% stake in Marine Midland Bank in the United States in 1980, and then went on to fully control the bank in 1987. The Hongkong and Shanghai Banking Corporation Limited was renamed by the Legislative Council in an update to its governing legislation initially passed in 1929 and registered as a regulated bank with the then Banking Commissioner of the Government of Hong Kong on 6 October 1989.

After being established in England and Wales, HSBC Holdings plc became the parent holding company of The Hongkong and Shanghai Banking Corporation Limited, which is now a subsidiary of the UK-based Midland Bank, in order to prepare for the acquisition of the Midland Bank and the impending transfer of sovereignty of Hong Kong to China. As of 1992, HSBC Holdings had acquired Midland Bank, giving it a significant market share in the UK. HSBC Holdings plc was obliged to move its global headquarters from Hong Kong to London in 1999 as part of the purchase terms.

There have been many controversies surrounding HSBC throughout the course of its existence, including the Sinaloa cartel and money laundering. A cost-cutting exercise at HSBC that included the sale of non-profitable companies and the centralization of its worldwide structure had an adverse effect on the compliance department. HSBC is not the only bank guilty of this blunder. For years, banks like Standard Chartered (SCBFF) have had to pay fines for facilitating transactions with rogue nations like Iran, Libya, Sudan, and Myanmar that violated the Office of Foreign Asset Control’s (OFAC’s) sanctions.

HSBC supplied drug gangs with money-laundering services totaling USD 881 million, including the Sinaloa cartel in Mexico and the Norte del Valle cartel in Colombia. Massive financial transfers were placed without any supervision from the bank’s Mexican branch into the U.S. It also carried out business with Iran, attempting to hide its dealings with the nation by deleting any references to it. The bank has also been penalized for putting up massive tax evasion schemes. HSBC has assets under custody of USD 8.5 trillion in 2019 and assets under administration of over USD4 trillion in 2020, respectively.

PRINCIPAL BUSINESS GROUPS AND DIVISIONS

 Four business units make up HSBC: [A.] Commercial Banking, [B.]  Global Bank and Markets (investment banking), [C.] Retail Banking and Wealth Management, and [D.]  Global Private Bank. Global Private Banking would then proceed to merge with Retail Banking & Wealth Management in 2020, creating what would be known as Wealth & Personal Banking.

  1. COMMERCIAL BANKING: SMBs and middle-market companies may get help from HSBC’s financial services. Among the more than two million clients served by the company is everyone from single proprietors to partnerships to nonprofits to corporations to publicly traded enterprises. HSBC announced in December 2015 that Noel Quinn will replace Simon Cooper as the Commercial Banking division’s CEO. 
  2. GLOBAL BANKING AND MARKETS: HSBC’s investment bank is called Global Banking and Markets. Among the services, it offers corporate and institutional customers are investment banking and financing products such as leveraged acquisition finance and payment and cash management services, as well as capital markets. Additionally, it offers asset management services, as well as services in the stock market, credit and interest rates, and the foreign exchange and money markets
  3. GLOBAL PRIVATE BANKING:   HSBC Private Bank is the brand name under which the major HSBC private banking subsidiaries throughout the globe advertise their private banking services. Together with HSBC Trinkaus’ private banking operations, HSBC Private Bank offers services to high-net-worth households in forty countries and territories in Europe, Asia-Pacific, the Americas, the Middle East, and Africa via 93 locations. The bank’s assets under management (AuM) fell by 4% from 2013 to US$382 billion, according to the Scorpio Partnership Global Private Banking Benchmark 2014. 

HSBC stated in September 2008 that it will consolidate its two Swiss private banks, HSBC Guyerzeller and HSBC Private Bank, into a single legal company in 2009 under Alexandre Zeller, the newly appointed CEO of HSBC Private Bank. 

RETAIL BANKING AND WEALTH MANAGEMENT: A broad variety of personal financial services are offered by HSBC to its more than 54 million clients across the globe. These services include current and savings accounts as well as loans for mortgages and cars. Personal Financial Services used to be referred to as Retail Banking and Wealth Management (RBWM) (PFS). HSBC 2011 Investor Day was where the rebranding announcement was made.

SUBSIDIARIES OF HSBC

HSBC ABSOLUTE RETURN PORTFOLIO LLC

HSBC Absolute Return Portfolio LLC is a foreign limited liability company that filed for registration with the Department of State on 14th June 2002. However, in its capacity as a foreign limited liability company, the entity was actually formed on 20th May 2002 under Delaware jurisdiction.  The entity retains CT Corporation System in Albany as a registered agent for New York City Process Service. 

HSBC AFS (USA) LLC

The HSBC AFS (USA) LLC is a subsidiary group of the HSBC Bank that filed for incorporation with the Department of State on November 12th 1007 in the county of New York. 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 since the HSBC AFS (USA) LLC does not have a registered agent on record for New York City Process Service. However, New York Process Service was to be done also by serving the entity at the address of their Office of General Counsel. If New York City Process Service is not rendered on the counsel, it may be done by serving the New York Secretary 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 in accordance with New York City Process Service with the return receipt requested, to the HSBC AFS (USA) LLC at the address on file in the Department of State.

HSBC DEVELOPMENT 12345 LLC

When HSBC Development 12345 LLC filed for Department of State incorporation on 8th May 2019, the county of filing was Albany for New York City Process Service. If required, the Department of State is authorized to receive New York City Process Service in place of the entity. This authority is conferred to the Department of State upon the filing of the company’s incorporation with the state for New York City Process Service.

New York City Process Service on a registered agent may be performed in the same way that a summons is served under the law. This process works as though the agent were a defendant and therefore delivers the service upon the agent in New York City. HSBC Development 12345 LLC does have a registered agent, via whom the agency’s required New York City Process Service may be made to the Secretary of State. Unlike the majority of HSBC subsidiaries, however, The LLC serves as the registered agent.

New York City Process Service may be served on a domestic or authorized foreign corporation, limited liability company, limited partnership, or limited liability partnership; however, this New York City Process Service typically means that two copies of the New York City Process Service be personally served on the New York Secretary of State or any person authorized around them at the New York Department’s Office of the New York Department. If the entity accepts New York City Process Service on account of the entity, the Department of State will send New York City Process Service to the entity’s premises.

Sometimes when New York City Process Service is served on the Secretary of State as agent for a domestic corporation or an authorized foreign corporation, this Process Service is really only appropriate if the server personally delivers and leaves the requisite documents with the Secretary of State or their deputy. To accomplish service, it is required to submit duplicate copies of such New York City Process Service together with the statutory fee, that would become a taxable disbursement.

The Secretary of State must immediately deliver one of such copies to such company by certified mail, return receipt requested, at the post office address provided for the purpose of Process Service on file with the Department of State.

HSBC INSURANCE AGENCY (USA) INC.

HSBC Insurance Agency (USA) Inc was filed with the DOS on January 27th, 1999 with New York jurisdiction. The entity is considered a domestic business corporation. For process servers, New York City Process Service can be levied at their address for the DOS process. New York City Process Service can be done at their principal executive office or upon the company’s DOS address on file.   New York City Process Service may also be levied upon their CEO or higher officer.

HSBC MARKETS (USA) INC.

The HSBC Bank Group retains HSBC Markets (USA) Inc as one of their subsidiaries, which exists as a foreign business corporation. Established on `14th  March 1983, HSBC Markets (USA) Inc is one of the subsidiaries of the HSBC Group that has not specifically been incorporated in New York. Instead, the entity comes under Delaware jurisdiction and will not necessarily use New York City Process Service guidelines.

However, since HSBC Markets (USA) Inc is an authorized foreign business corporation mostly the same New York City Process Service instructions will be relevant. New York City Process Service is still levied via the Secretary of State, especially as there exists no registered agent to accept New York City Process Service for this company. In this case, the registered agent for HSBC Markets (USA) Inc was revoked. The  Secretary of State, in turn, promptly sends one of such copies by certified mail, return receipt requested, to HSBC Markets (USA) Inc at the post office address on file in the Department of State. 

HSBC SECURITIES (USA) INC.

HSBC Securities (USA) Inc. does not fall under New York jurisdiction.  The jurisdiction for HSBC Securities (USA) Inc in Delaware, although its location county is currently New York. Consequently, since HSBC Securities (USA) Inc. follows Delaware jurisdiction, it is deemed to be a foreign business corporation.  HSBC Securities (USA) Inc is one of the oldest branches of the HSBC group, has filed for its DOS registration on December 12th, 1969. 

Regardless, New York City Process Service may be conducted for this entity in the State of New York, with appointed officers being identified who are qualified to accept New York City Process Service by being ranked highly in the corporation. It must be noted at this juncture that the Principal Executive Officer of HSBC Securities (USA) Inc is not the same as the office where New York City Process Service may be levied by the Department of State. 

In their capacity as a foreign business corporation, New York City Process Service on HSBC Securities (USA) Inc. may be done on their appointed Registered Agent, who remains CT Corporation System, in this case. The registered agent, or agent of service, provides a legal address—within the jurisdiction where the company is established—where legal documents can be served during standard business hours. The registered agent’s duty is to receive and forward that New York City Process Service to the entity’s designated contact within the service bracket. 

HSBC NORTH AMERICA HOLDINGS INC.

HSBC North America Holdings Inc. is a foreign business corporation. The entity was formed on 2nd April 1980, although it was registered in New York only on 5th February 1984.  While the Principal Executing Office, as well as the DOS New York City Process Service Address, is situated in New York, the overarching jurisdiction for the Corporation in Delaware. A foreign corporation that is currently doing business or that has previously done business in New York State must obtain the tax commissioner’s consent to the filing of the application in addition to the other requirements. 

Since the status of HSBC North America Holdings Inc. is necessary, it is important for the purposes of New York City Process Service to get the consent of the tax commissioner is a statement verifying that all tax returns due have been filed and all taxes due have been paid. The registered agent for HSBC North America Holdings Inc. is CT Corporation System.

New York City Process Service will be effective on the date the papers are received by the Department provided that one has complied with all statutory requirements for the effectuation of service.

In New York, HSBC Bank and its subsidiaries conduct business as per different entities registered with the Department of State.  Each different entity of the bank has a specific function that it espouses, which is important for the purposes of New York City Process Service. Different subsidiaries have had to incorporate themselves with the Department of State, which would include providing information as to the names and addresses of officers, shareholders, or directors of a nonprofessional corporation. It must be remembered for purposes of New York City Process Service that this information is not recorded and can only be availed by viewing that particular certificate. Consequently, New York City Process Service must be entity-specific in order to be processed correctly.

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. Woodman, Spencer, et al. “HSBC Moved Vast Sums of Dirty Money after Paying Record Laundering Fine.” ICIJ, 22 Sept. 2020, https://www.icij.org/investigations/fincen-files/hsbc-moved-vast-sums-of-dirty-money-after-paying-record-laundering-fine/. 

2. Senate Permanent Subcommittee on Investigations, committee chair Senator Carl Levin (D-Michigan) proclaimed: “HSBC used its U.S. bank as a gateway into the U.S. financial system for some HSBC affiliates around the world to provide U.S. dollar services to clients while playing fast and loose with U.S. banking rules. Due to poor AML controls, HBUS (HSBC’s U.S. affiliate) exposed the United States to Mexican drug money, suspicious traveler’s cheques, bearer share corporations, and rogue jurisdictions.”

3. HSBC is a member of the Hang Seng Index and the FTSE 100 Index and is listed on both the Hong Kong and London stock exchanges. It was the third-largest business listed on the London Stock Exchange as of 30th October 2020, with a market capitalization of £66.1 billion. The New York Stock Exchange and the Bermuda Stock Exchange both have secondary listings for the company.

4. C/O CORPORATION SERVICE COMPANY

Address:80 STATE STREET, ALBANY, NY, United States, 12207 – 2543

5. HSBC AFS (USA) LLC

Address: OFFICE OF THE GENERAL COUNSEL, 95 WASHINGTON STREET, BUFFALO, NY, United States, 14203

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

7. THE LLC

Address:570 EASTERN PARKWAY, BROOKLYN, NY, United States, 11225

8. Service of Process Name and Address

Name HSBC INSURANCE AGENCY (USA) INC.

Address:2929 WALDEN AVENUE COLUMN C68, DEPEW, NY, United States, 14042

9. Name:MONIQUE N THACKER

Address:452 FIFTH AVENUE, NEW YORK, NY, United States, 10018

10. Service of Process Name and Address

Name: MARK STEFFENSEN

Address:452 FIFTH AVENUE, TOWER 7, NEW YORK, NY, United States, 10018

Chief Executive Officer’s Name and Address

Name: JASON R. HENDERSON

Address:452 FIFTH AVENUE, NEW YORK, NY, United States, 10018

11. Service of Process Name and Address

Name:HSBC SECURITIES (USA) INC.

Address:452 FIFTH AVENUE, 452 FIFTH AVENUE, NEW YORK, NY, United States, 10018

12. Chief Executive Officer’s Name and Address

Name: ANDRE G. BRANDAO

Address:452 FIFTH AVENUE, NEW YORK, NY, United States, 10018

13. C T CORPORATION SYSTEM

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

14. MICHAEL ROBERTS

Address:452 FIFTH AVE, NEW YORK, NY, United States, 10018

15. C T CORPORATION SYSTEM

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

HOW TO SERVE LEGAL PAPERS ON TD BANK

TD bank

Undisputed Legal | Process Service

TD Bank, N.A. is a subsidiary of Toronto-Dominion Bank, a Canadian multinational, and an American national bank. It is mainly active along the East Coast of the United States, in fifteen different states and the District of Columbia. Due to many mergers and acquisitions, TD Bank is the United States’ seventh-largest bank by deposits and the country’s ninth-largest bank by total assets. Cherry Hill, New Jersey is home to T.D. Bank N.A.

In addition to banking products, TD Bank and its subsidiaries offer customers tailored private banking and wealth management services via TD Wealth and car finance and dealer commercial services through TD Auto Finance.

HISTORY OF TD BANK

After the Portland Savings Bank, the entity became Banknorth in its capacity as its successor.  After acquiring Commerce Bank and merging with TD Banknorth, the bank changed its name to TD Bank, N.A. on May 31, 2008. In its American activities, the bank is known officially by the letters ‘TD,’ which were originally popularized in Canada.

As of 2010, TD Bank N.A. has bought the South Financial Group, which had 172 locations throughout the Carolinas and Florida. Carolina First, with branches in North and South Carolina, and Mercantile Bank, having branches in Florida, were purchased for about USD 191 million by South Financial, the parent company. The TD Bank name was adopted by the former South Financial branch locations.

As of 2013, the headquarters of TD Bank, N.A. has been moved to Cherry Hill, New Jersey. In addition to Target, NordicTrack, and Tourneau, TD also offers an increasing number of private-label cards under the Nordstrom brand. TD Bank calls itself America’s Most Convenient Bank and is one of the ten biggest banks in the U.S. with strong roots in the region going back more than a hundred years. TD Bank provides a wide variety of retail, small business, and commercial banking products and services to millions of clients via its vast network of hundreds of convenient locations and ATMs. 

TD BANK IN CANADA

The Toronto-Dominion Bank (called the Banque Toronto-Dominion) is a Canadian multinational banking and financial services company based in Toronto, Ontario. Commonly known as TD and functioning as TD Bank Group (Groupe Banque TD), the bank was established on 1st February 1955, via the merging of the Bank of Toronto and The Dominion Bank, which had been founded in 1855 and 1869, respectively. This is one of the twin Big Five banks established in Toronto, and the other is the Canadian Imperial Bank of Commerce. 

According to Standard & Poor’s matrices, TD Bank Group was the biggest bank in Canada by total assets, the second greatest by market cap, a top-ten bank in North America, and the 26th largest bank in the world.  In 2019, it was named a worldwide systemically significant bank by the Financial Stability Board.

In Canada, the bank operates as TD Canada Trust and services more than eleven million clients. In the United States, the business operates as TD Bank, which was formed via the merger of TD Banknorth and Commerce Bank. TD Bank services more than six million clients in the United States with a network in sixteen states and the District of Columbia.

LEGAL ACTIONS AGAINST TD BANK 

In October 2012, the Massachusetts attorney general revealed that TD Bank lost unencrypted backup tapes containing ‘significant customer information, including Social Security numbers and bank account numbers.’ The bank originally declined to disclose however many clients were impacted. After such an investigation by the attorney general, they claimed over two hundred thousand clients bore the effects. The bank delayed upwards of six months to inform consumers, although the bank later agreed to pay USD 625,000 and tighten security practices to resolve the probe.

In October 2015, a class-action lawsuit was filed against TD Bank alleging that it violated the Telephone Consumer Protection Act of 1991. The complaint claimed that the bank phoned customers up to ten times each day. 

SUBSIDIARIES OF TD BANK

TD BANKNORTH HOUSING INVESTMENT FUND LP

TD Banknorth Housing Investment Fund LP is a domestic entity in Delaware, set up on 1st March 2006. The entity is categorized as a limited partnership company, retaining a registered agent for New Jersey Process Service in the state of Delaware. A limited partnership is one method that individuals may structure their business to safeguard the assets of the shareholders. With a limited partnership, the limited partners are solely accountable for the litigation or debts for which they are personally responsible. On the other hand, general partners bear responsibility for all of the financial commitments of a business.

Typically, general partners have all the duties and privileges of operating a corporate organization according to Process Service requirements. This covers the operations and financial issues of the corporate entity. Broad partners also hold general responsibility for the obligations, debts, and actions of the limited partnership.

Usually, limited partners do not engage in the properties or administration of the company at all when it comes to Process Service guidelines. Limited partners must avoid engaging in the company’s management on any level. If a limited partner engages in the administration of the firm, they will no longer be exempt from personal responsibility for debts and litigation connected to the business.

The Limited Partnership Act in Delaware regulates limited partnerships and Process Services thereof. The Limited Partnership Act permits the establishment of a partnership as long as the partnership has at least one general partner and additional limited partners to accept Process Service. To establish, operate, or terminate a limited partnership in Delaware, individuals need to follow all the filing procedures and state standards that come with Process Service. A Limited Liability Partnership is often formed by licensed professionals such as a group of attorneys, accountants, or physicians because they generally protect each individual partner from liability for the professional malpractice of all other partners. However, any group of two or more people can form an LLP in Delaware, as long as Process Service is provided to the Division of Corporations. 

TD Banknorth Housing Investment Fund LP retains the Corporation Trust Company as the registered agent for Process Service. 

TD BANK US HOLDING COMPANY

TD Bank US Holding Company is a general corporation for purposes of Process Service,  incorporated in the state of Delaware. TD Bank US Holding Company acts as a holding company. The Bank, via its subsidiaries, offers consumer loans, commercial loans, mortgage loans, deposit products, trust services, online banking, credit cards, insurance, and investment management services.

A holding company is a parent business entity—usually, a corporation or LLC—that will not really produce anything, offer any goods or services or perform any other commercial activities. Its aim, as the name suggests, is to hold the controlling stock or membership interests in other businesses. TD Bank US Holding Company is located in Portland, United States and is part of the Depository Credit Intermediation industry, and should receive Process Service as such. This is a subset of the finance and insurance industry as intimated by the North American Industry Classification System (NAICS) metric. As such this classification comprises establishments primarily engaged in accepting deposits (or share deposits) and in lending funds from these deposits. Within this group, industries are defined on the basis of differences in the types of deposit liabilities assumed and in the nature of the credit extended.

For financial reporting, their fiscal year ends on October 31st. On 25th August 2004, TD Bank US Holding Company was incorporated in Delaware, rendering it under Delaware jurisdiction in its capacity for Process Service. The entity retains the Corporation Service Company as a registered agent for Process Service. 

TD BANK NA

TD Bank, N.A., is an American national bank and subsidiary of the Canadian multinational Toronto-Dominion Bank for purposes of Process Service. Additionally, TD and its subsidiaries provide private banking, wealth management, and asset management services via its TD Asset Management and TD Wealth divisions. Deposit accounts, residential and commercial mortgages, business and personal loans, insurance, investment planning, and wealth management are all available via TD.  The Toronto-Dominion Bank affiliate operates the bank, whose original Canada parent company is also known as TD Bank. The entity can be reached via telephone or mail to receive the process service.

For financial reporting and Process Service, the fiscal year for TD Bank, N.A  ends on December 31st.

TD GROUP US HOLDINGS LLC

TD Bank US Holding Company should not be confused with  TD Group US Holdings LLC, since they are both different for purposes of Process Service.  TD Group US Holdings LLC is incorporated in the state of Delaware. The entity retains Corporation Trust Company as its registered agent for Process Service. As such, TD Group US Holdings LLC would be classified as a domestic limited liability company in the state of Delaware in accordance with Process Service norms.

A Delaware LLC is an exceptionally flexible company structure with minimal start-up expenses and an inexpensive Franchise Tax.   The characteristics of a Delaware limited liability corporation and its Process Service requirements, when coupled with non-U.S. source revenue, imply non-resident aliens of the United States may circumvent U.S. taxation when utilizing an LLC for Process Service.

The Delaware LLC is a genuinely unique corporate organization in that the structure of the company and the Process Service regulations that govern the members of the company are included in a contract called the operating agreement, which is created by the firm’s members. The operating agreement may be modified to allow for any terms the members and/or founders desire according to law and Process Service. The contractual freedom provided by the state of Delaware is unequaled by any other LLC legislation in any other state. 

LLCs provide members asset protection from liability and creditors because a restriction on personal responsibility implies that LLC members cannot be held accountable for an amount greater than the original investment in the LLC, even if a member engages in management. 

It is important to ensure that the name of the Delaware LLC is unique and available in the State of Delaware. Thereinafter, the entity may file the certificate of formation in accordance with Process Service, a process commonly referred to as ‘incorporating.’ Incorporation is the formal creation of the entity by the Delaware Secretary of State. 

It is also imperative to obtain a Federal Tax ID to further Process Service. If the company will be realizing any U.S.-sourced income, they will be required to have a Federal Tax ID number, also known as an Employer Identification Number (EIN). This number is assigned by the Internal Revenue Service (IRS).

Generally, regardless of what kind of company is being run, the owners are going to need to acquire and maintain a business license (and potentially more than one) (and possibly more than one). Special permissions may also be needed, depending on local and federal laws and that particular business.

It is important to verify if the entity has the necessary licenses and permissions before they begin operating to avoid fines for non-compliance.

The LLC Operating Agreement is also a necessary and basic document for the business and Process Service. It enables the owners, known as members, to create ownership shares, obligations, and any other Process Service conditions they want to codify. In Delaware, this document is kept internally by the LLC (not submitted with the state or on public record), but is nonetheless admissible in court and respected as Process Service guidelines dictate in most instances

TD BANKNORTH INC

TD Banknorth, National Association is located in Mahwah, NJ, United States and is part of the Depository Credit Intermediation industry. The entity is incorporated in the state of Delaware, being in the business of state commercial banks, as per the Standard Industrial Classification system used by the SEC. 

TD Banknorth, previously Banknorth, was a wholly-owned subsidiary of The Toronto-Dominion Bank that performed banking and insurance operations, mainly servicing the northeastern region of the United States, based in Portland, Maine. The bank renamed itself TD Bank, N.A. on May 31, 2008.  In August 2004, Toronto-Dominion Bank would become the majority owner, calling it ‘TD Banknorth, N.A.’ and the remaining assets of TD Banknorth were purchased by Toronto-Dominion Bank on April 20, 2007.

Its operational businesses were Banknorth Connecticut, Peoples Heritage Bank (in Maine), Banknorth Massachusetts, Bank of New Hampshire, Evergreen Bank (in New York), Hudson United Bank, Banknorth Vermont, and Banknorth Insurance Group. The bulk of these businesses were branded as TD Banknorth of State (example ‘TD Banknorth of Maine’) (example ‘TD Banknorth of Maine’).

On April 10, 2008, TD Banknorth combined with New Jersey-based Commerce Bank to create TD Bank, with joint offices in Cherry Hill, New Jersey, and Portland, Maine. The official designation of the institution was converted to TD Bank, N.A. on May 31, 2008, with all TD Banknorth branches beyond New England and all Commerce Bank branches being renamed in the autumn of 2008. The remaining branches, throughout New England, adopted the new moniker in September 2009.

The entity may be served at its principal office, accepting personal and mail service. However, process service may also be levied upon the CEO or other higher officers in the business. 

TD AMERITRADE

TD Ameritrade is a dealer that provides an electronic trading framework for the trade of financial assets such as common stocks, preferred stocks, futures contracts, exchange-traded funds, forex, options, cryptocurrency, mutual funds, fixed income investments, margin lending, and cash management services. The business receives profit through interest income on margin accounts, fees for order execution, and payment for order flow. The business is a subsidiary of Charles Schwab Corporation and its services and accounts will be merged with those of Schwab by 2023. Its activities are in the process of being relocated to Schwab’s headquarters in Westlake, Texas.

The business was established as Ameritrade in 1971. In 2006, it purchased the U.S. business of TD Waterhouse from Toronto-Dominion Bank and was renamed TD Ameritrade. It was purchased by Charles Schwab Corporation in 2020

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. ‘Top Banks.’ ADV Ratings, https://www.advratings.com/north-america/top-banks-in-canada. 

2. The Big Five Banks is a term used in Canada to describe the five largest banks: Royal Bank, The Bank of Montreal, Canadian Imperial Bank of Commerce, The Bank of Nova Scotia, and Toronto-Dominion Bank.

Occasionally, the term ‘Big Six Banks’ is used, with the sixth bank referring to the National Bank of Canada. As of Jan 2021, the Big Six Banks and Desjardins Group are the largest banks in Canada, in terms of total assets. The Five Big Banks hold over $100 billion in assets, and they are all based in Toronto.

3. Stempel, Jonathan. ‘TD Bank Settles Massachusetts Data Breach Probe, to Pay $625,000.’ Reuters, Thomson Reuters, 8 Dec. 2014, https://www.reuters.com/article/torontodominion-massachusetts-settlement-idUSL1N0TS1H320141208. 

4. The Telephone Consumer Protection Act of 1991 was passed by the United States Congress in 1991 and signed into law by President George H. W. Bush as Public Law 102-243. It amended the Communications Act of 1934. The TCPA is codified as 47 U.S.C. § 227.

5. As of July 3, 2017, all but one of the claims were dismissed by Judge Jerome B. Simandle, which casts doubt on the veracity of the claims

6. Delaware Division of Corporations 401 Federal Street – Suite 4 Dover, DE  19901

7. THE CORPORATION TRUST COMPANY

CORPORATION TRUST CENTER 1209 ORANGE ST

WILMINGTON

County: New Castle

DE Postal Code: 19801

302-658-7581

8. NAICS 52 – FINANCE AND INSURANCE. Under this, there is a subset of  NAICS 522  for CREDIT INTERMEDIATION AND RELATED ACTIVITIES, which then is subclassified into  NAICS 5221 – DEPOSITORY CREDIT INTERMEDIATION

9. CORPORATION SERVICE COMPANY

251 LITTLE FALLS DRIVE

WILMINGTON County: New Castle

DE Postal Code: 19808

302-636-5401

10. ONE PORTLAND SQUARE
P O BOX 9540

PORTLAND ME 04112-9540

11. 207-761-8500

 Mailing Address

12. ONE PORTLAND SQUARE

P O BOX 9540

PORTLAND

ME

04112-9540

13. 251 LITTLE FALLS DRIVE

WILMINGTON

DE

19808

14. Business Phone 856-470-2275

15.  Standard Industrial Classification is a system for classifying industries by a four-digit code. Established in the United States in 1937, it is used by government agencies to classify industry areas. The SIC system is also used by agencies in other countries, e.g., by the United Kingdom’s Companies House

TD Banknorth comes under SIC 6022 [STATE COMMERCIAL BANKS]

16. Business Address TWO PORTLAND SQUARE

PO BOX 9540

PORTLAND ME 04112-9540

17. Business Phone (207) 761-8500

Mailing Address

TWO PORTLAND SQUARE

PO BOX 9540

PORTLAND

ME

04112-9540