HOW TO SERVE LEGAL PAPERS ON PFIZER INC.

Pfizer

By Akanksha A. Panicker

Over the years 2020 and 2021, Pfizer Inc. has become a household name with its engineering and campaign for a vaccine against COVID-19. Pfizer Inc. is a global pharmaceutical company based in Manhattan, New York City on 42nd Street. It is named after Charles Pfizer, the company’s co-founder.

Pfizer is a pharmaceutical company that creates and manufactures drugs and vaccinations in the fields of immunology, oncology, cardiology, endocrinology, and neurology. The reputation of Pfizer boomed during the 2020 coronavirus Pandemic, where Pfizer and German biotechnology firm BioNtech, invented the Pfizer-BioNtech COVID-19 vaccine (known as BNT162b2)

Pfizer’s other notable drugs include [A.] Chantix/Champix (varenicline) for the treatment of tobacco addiction, [B.]  Inlyta (axitinib) as a potential cure for breast cancer; and [C.] Nimenrix, a meningococcal vaccine with projected revenue of $221 million in 2020 amongst other notable medication. The Pfizer-BioNTech COVID-19 Vaccine has not been approved or licensed by the U.S. Food and Drug Administration (FDA) but has been authorized for emergency use by FDA under an Emergency Use Authorization (EUA) to prevent COVID-19 for use in individuals 16 years of age and older. Pfizer/BioNTech has currently initiated its application to the US Food and Drug Administration for full FDA approval of its Covid-19 vaccine for people ages 16 and older, the companies said Friday. This is the first Covid-19 vaccine in the United States to be assessed for full approval from the FDA.

Pfizer‘s mRNA two-shot vaccine is currently being used in the US under emergency use authorization (EUA) from the FDA. 

[1.0] HISTORY

Pfizer was established in 1849 by Charles Pfizer and Charles F. Erhart, two cousins who also had moved to the United States the preceding year from Ludwigsburg, Germany. The company manufactured chemical compounds and had its headquarters in New York City on Bartlett Street where it received roaring success via its manufacture of an antiparasitic for then-prevalent intestinal works named santonin. It was citric acid manufacturing that fuelled Pfizer’s meteoric rise in the 1880s, which was launched to new heights as drinks such as Coca-Cola, Dr. Pepper, and Pepsi-Cola – which all used citric acid as an ingredient – started to become popular. The adaptation of citric acid is an interesting story, stemming back to a lack of calcium citrate during World War I. Pfizer used to obtain calcium citrate from Italy for the manufacture of citric acid, the firm started looking for a substitute source. In 1919, Pfizer chemists discovered a fungus that ferments sugar to citric acid and was able to commercialize citric acid manufacture from this source. As a result, the organization gained experience in fermentation technologies. These abilities were put to use during World War II in order to mass-produce penicillin, an antibiotic, in reaction to the need to treat wounded Allied soldiers.

The company was incorporated in Delaware on June 2, 1942.

[2.0] HOW DOES PFIZER WORK

Pfizer Inc. (Pfizer) is a multinational biopharmaceutical firm founded on research. The Company is centered around global healthcare product research, growth, and involves manufacturing business. The international range of products covers pharmaceuticals and vaccinations.

The Company operates most of its commercial operating in three segments: Pfizer Innovative Health (IH) and Pfizer Essential Health (EH) as well as the erstwhile Consumer Healthcare  

Innovative Health is focused on the development and commercialization of pharmaceuticals and vaccines. This also includes Internal medicine, vaccination, oncology, inflammation and immunology, rare disorders.  Essential Health, on the other hand, involves legacy labels, branded generics, generic sterile injectable drugs, biosimilars, and infusion devices are also included in EH. Additionally, EH operates a research and development (R&D) company and a contract manufacturing operation. Prevnar 13, Xeljanz, Eliquis, Lipitor, Celebrex, Pristiq, and Viagra are among the company’s labels.

[3.0]HOW TO SERVE PFIZER AND ITS SUBSIDIARIES

  1. PFIZER H.C.P. CORPORATION

Pfizer H.C.P. Corporation filed its Department of State incorporation certification in 1989, being eligible for New York-based jurisdiction. Pfizer H.C.P. Corporation is thus a domestic business corporation incorporated under the laws of New York. The Department of State is supposed to mail process to the entity in case they ever receive the process on their behalf. 

If necessary, the Department of State is empowered to accept New York City Process Service on behalf of the entity, given the power upon the filing of the incorporation with the state. 

New York City Process Service on a registered agent may be made in the manner provided by law for the service of a summons. This procedure acts as if the agent was a defendant and thus fulfills New York City Process Service upon the agent. Pfizer HCP Corporation does not have a registered agent, whereinafter the requisite process can be made to the Secretary of State on behalf of the agency. New York City Process Service can be done upon a domestic or authorized foreign corporation, limited liability company, limited partnership, or limited liability partnership, although this New York City Process Service usually requires that two copies of the process be personally served on the New York Secretary of State or any person authorized by them at the Office of the New York Department. The Department of State will mail process to the entity at their offices if they accept New York City Process Service on behalf of the entity. 

If New York City Process Service is levied on the Secretary of State as an agent of a domestic corporation an authorized foreign corporation, this service is only acceptable by personally delivering to and leaving with the Secretary of State or their deputy,  the requisite documents. At the office of the department of state in the city of Albany, it is necessary to provide duplicate copies of such New York City Process Service together with the statutory fee, which fee shall be a taxable disbursement in order to complete service. 

The Secretary of State shall promptly send one of such copies by certified mail, return receipt requested, to such corporation, at the post office address, on file in the Department of State, specified for the purpose of New York City Process Service. 

  1. PFIZER HEALTH SOLUTIONS INC

The jurisdiction for Pfizer Health Solutions Inc. is Delaware, although its location county is currently New York, wherein the entity filed its credentials for incorporation on August 3rd 2000. Consequently, since Pfizer Health Solutions Inc. follows Delaware jurisdiction, it is deemed to be a foreign business corporation. 

Regardless, DOS process 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 Pfizer Health Solutions 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 for Pfizer Health Solutions Inc may be done on their appointed Registered Agent, who remains CT Corporation 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

  1. PFIZER HOLDINGS AMERICAS CORPORATION

Pfizer Holdings Americas Corporation is one of the newer branches of the international giant, having been included in the Department of State’s roster of corporations on November 9th, 2013. Furthermore, the corporation is governed by the laws of the state of Delaware, although the corporation itself is located in New York, functioning almost parallel to Pfizer Health Solutions Inc. in its capacity as a foreign business corporation for the state of New York. 

Notwithstanding the nature of the business and the category of the corporation, Department of State-compliant New York City Process Service will be performed in the State of New York for this company, with designated officers selected that are eligible to approve New York City Process Service due to their position within the organization. Considering that the entity is based in Delaware and is a foreign business corporation, it goes to reason that the corporation’s New York base is identified as the Principal Executive Officer of Pfizer Holdings Americas Corporation, which is not the same as the office where the Department of State may serve New York City Process Service. 

It must be known at this juncture that service of process for Pfizer Holdings Americas Corporation may be done on their appointed Registered Agent, who remains CT Corporation. Generally, to address service of process or to change the agent for the same, it is required that the corporation notify the current registered process operator, or notify the secretary of state. Some agencies will handle this change as one of their services.

D. PFIZER INC.

Pfizer Inc was originally recorded with the Department of State in 1951, then dubbed Chas. Pfizer and Inc, eponymously after the late creator. Later, on May 08, 1970, the corporation arrived at its current name. Additionally, the company is regulated by Delaware statute, including its physical location in New York, which is what deems it a foreign business corporation for the state of New York.

Regardless of the type of the enterprise or the corporation’s category, Department of State-compliant process operation will be conducted in the State of New York for such a group, with authorized officers chose who is entitled to endorse New York City Process Service based on their status inside the company.  Given the entity’s Delaware domicile and status as an international business company, it stands to reason that the corporation’s New York headquarters is designated as the Principal Executive Officer of Pfizer Inc, which is distinct from the office where the Department of State may represent process.

It is necessary to note at this stage that the operation of New York City Process Service on Pfizer Inc can be made by their designated Registered Agent, who in this case remains  CT Corporation. 


E. PFIZER INTERNATIONAL LLC

Pfizer International LLC is a domestic Limited Liability Company, incorporated and formed in New York. However, New York City Process Service is still levied upon its registered agent, CT Corporation rather than the Secretary of State.  Pfizer International LLC is located in New York,  United States, and is part of the Freight Forwarding Services Industry. Pfizer International LLC has seventy-five total employees across all of its locations and generates around ten million in sales (USD). Organizations are not persons but usually fall under the umbrella of corporate entities such as businesses or limited liability partnerships (LLCs). Unless the registered agent fulfills their role,  dire implications for the business enterprise may be faced.

CT Corporation is a reputed registered agent, necessary for the breadth of matters Pfizer is involved in. CT, or the Corporation Trust Company, is the largest registered agent service firm in the world representing hundreds of thousands of business entities worldwide. It provides software and services that legal professionals use. Consequently, repercussions will be always faced if a registered agent fails in their performance of the job and does not fulfill the requirements of the position.  This can also have the ramification of costing the business considerable resources lost through default rulings or charges and legal expenses for the defense against defaults.

F. PFIZER PATIENT ASSISTANCE FOUNDATION, INC.

The Pfizer Patient Assistance Foundation, Inc. is an important part of the network of Pfizer entities, forming a foreign not-for-profit corporation that falls under Delaware jurisdiction. As such, there is no Registered Agent for Pfizer Patient Assistance Foundation, Inc., which falls upon the role of the Secretary of State. 

This would mandate that two copies of the New York City Process Service have to be personally served on the New York Secretary of State. However, these copies could also be served upon an individual who has been specifically authorized to do so at the office. This does not mean that service may be done in any other form apart from personal delivery, as service by mail is not permitted. The statutory fee for serving New York City Process Service is USD 40.

The companies say over a hundred and fifty million doses of the vaccine have been distributed across the United State to date. To submit an application for complete FDA approval Pfizer/BioNTech requested what is regarded as a Biologics License Application, or BLA. The FDA expects vaccine producers to apply reports on manufacturing procedures, equipment, and other facts demonstrating the vaccine’s reliability and consistency of production. Additionally, they must apply both pre-clinical and clinical trial results. Pfizer and BioNTech have also submitted data to garner emergency use approval for individuals twelve to fifteen years old.

For more information on serving legal papers, contact New York City Process Service (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.

Source

1.This is a tyrosine kinase inhibitor used to prevent breast cancer development

2. DOS ID #:1048778

Initial DOS Filing Date: NOVEMBER 06, 1989

3. New York Consolidated Laws, Not-For-Profit Corporation Law – NPC § 306. Service of process

4. One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231.

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

PFIZER H.C.P. CORPORATION

235 E 42ND ST

NEW YORK, NEW YORK, 10015

6. Chief Executive Officer

LAURIE ROTHENBERG

235 EAST 42ND STREET

NEW YORK, NEW YORK, 10017-5703

7. Principal Executive Office

PFIZER H.C.P. CORPORATION

235 EAST 42ND STREET

NEW YORK, NEW YORK, 10017-5703

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

PFIZER HEALTH SOLUTIONS INC.

28 LIBERTY ST.

NEW YORK, NEW YORK, 10005

9. Chief Executive Officer

DAVID A. MOULES

235 EAST 42ND STREET NEW YORK

5TH FLOOR

NEW YORK, NEW YORK, 10017

10. Principal Executive Office

PFIZER HEALTH SOLUTIONS INC.

235 EAST 42ND STREET NEW YORK

5TH FLOOR

NEW YORK, NEW YORK, 10017

 Registered Agent

11.C T CORPORATION SYSTEM

28 LIBERTY ST.

NEW YORK, NEW YORK, 10005

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

PFIZER HOLDINGS AMERICAS CORPORATION

28 LIBERTY ST.

NEW YORK, NEW YORK, 10005

13. Chief Executive Officer

DOUGLAS E. GIORDANO

235 EAST 42ND STREET

NEW YORK, NEW YORK, 10017-5703

14. Principal Executive Office

PFIZER HOLDINGS AMERICAS CORPORATION

235 EAST 42ND STREET

NEW YORK, NEW YORK, 10017-5703

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

PFIZER INC.

28 LIBERTY ST.

NEW YORK, NEW YORK, 10005

16. Chief Executive Officer

ALBERT BORLA

235 EAST 42ND STREET

NEW YORK, NEW YORK, 10017-5703

17. Principal Executive Office

PFIZER INC.

235 EAST 42ND STREET

NEW YORK, NEW YORK, 10017-5703

18. DOS ID #: 2878656

Initial DOS Filing Date: MARCH 07, 2003

19. This is because there exist substantive provisions for liabilities as well as tax benefits of being ‘incorporated’ rather than being ‘self-employed’.

20. Eg:  being absent from the registered office if the process server is present, destroying or losing documents, or cannot guarantee that the company’s counsel gets notification of the lawsuit

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

PFIZER PATIENT ASSISTANCE FOUNDATION, INC.

C/O GARY PELLETIER

235 EAST 42ND STREET

NEW YORK, NEW YORK, 10017

22. Pfizer Inc. “Form 8-K dated February 2, 2021,” Page 6. Accessed May 8th, 2021.

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