HOW TO SERVE LEGAL PAPERS ON SOUTHWEST AIRLINES

Southwest Airlines Co., which is popularly described as Southwest, is one of the United States’ biggest airlines and the largest global minimal cost carrier. It has its headquarters in Dallas, Texas with around a hundred destinations in the U.S. and ten other countries. Around the end of the 2010s, more domestic passengers have been carried by the Southwest than any other US airline.

The airline was created on 15th  March 1967 by Herb Kelleher as Air Southwest Co. and in 1971 it started operating as an intrastate airline entirely in the state of Texas and was initially operated on the intra-state airline connecting Dallas, Houston, and San Antonio. It started regional interstate services in 1979 and continued to grow nationally in the following decades. Today, Southwest serves airports in forty-five states and many locations across Central America.

The business strategy of Southwest is different from that of other US airlines, since it utilizes a rolling hub and a point-to-point network, offers free checked baggage, and does not impose changes in charges. It utilizes Boeing 737 aircraft solely in its fleet.

HOW DOES SOUTHWEST AIRLINES WORK

The airline employs over sixty thousand people and runs approximately daily trips during the peak season. Southwest Airlines was incorporated in Texas and commenced Customer Service on June 18, 1971, with three Boeing 737 aircraft serving three Texas cities—Houston, Dallas, and San Antonio—and grew to become a major airline in 1989 when it exceeded the billion-dollar revenue mark. In 1994, Southwest became the first major airline to offer ticketless travel. In 1996, Southwest became the first major airline to post a website with the launch of the ‘Home Gate.’ Southwest topped the monthly domestic originating passenger rankings for the first time in May 2003. 

In 2013, Southwest started its Southwest service to a destination outside the fifty contiguous states with service to Puerto Rico. In March 2019, Southwest began serving the Hawaiian Islands.

HISTORY OF SOUTHWEST AIRLINES

Herbert Kelleher and Rollin King established Southwest Airlines in 1966 and Air Southwest Co in 1967. Three other airlines had taken legal action to prohibit the business from its intention to reduce costs solely by flying in Texas, thereby being exempted from numerous restrictions. The disputes were settled in 1970, and in 1971 the airline started flying flights scheduled regularly from Dallas Love Field to Houston and from Love Field to San Antonio and took the name of Southwest Airlines Co. In 1975, Southwest started operating flights to many other towns in Texas and began to travel to neighboring states in 1979. East and Southeast service began in the 1990s.

Gary C. Kelly is Southwest Airlines Chairman and CEO. Kelly succeeded previous CEO Jim Parker on 15 July 2004 and was appointed President Colleen Barrett on 15 July 2008. Herb Kelleher resigned as chairman in July 2008. In May 2008 Barrett resigned her position as Chief Executive Officer and Corporate Secretary and as Chairman in July 2008. From September 1981 until June 2001, Kelleher was President and CEO of the Southwest. On 23rd June 2021, Southwest stated that Chairman and CEO Gary Kelly would become the Executive Chairman of the airline with the intention to perform this function by at least 2026 at the option of the Board of Directors. 

On 10 January 2017, Southwest announced changes to the rankings of senior management of the firm, appointed President Thomas M. Nealon, and Chief Operating Officer Michael G. Van de Ven. 

SOUTHWEST WORKERS UNION

A majority of Southwest workers are union members.  Southwest Airlines pilots are represented by the Southwest Airline Pilots’ Association, with the Aircraft Mechanics Fraternal Association comprising the aircraft maintenance technicians (AMFA). The International Association of Machinists and Aerospace Workers Union represents customer service and reservation agents (IAM). The Transport Workers Union represents flight dispatchers, flight attendants, ramp agents, and operations agents

Southwest Airlines has been reluctant in issuing a furlough to an employee. In response to the COVID-19 epidemic, the business initiated voluntary separation and extended time off programs. In late 2020, the airline issued some WARN Act notices and announced impending pay cuts for a large number of employees in response to pandemic impacts, but these measures were rescinded following the enactment of the Consolidated Appropriations Act, 2021 on 27 December 2020, which provided additional financial aid to US airlines.

SUBSIDIARIES OF SOUTHWEST AIRLINES

HOW TO SERVE LEGAL PAPERS ON SOUTHWEST AIRLINES

Southwest Airlines Co. was established in 1966 by Herbert Kelleher and Rollin King and incorporated as Air Southwest Company in 1967. The name was chosen in 1971. The business offers low-priced aviation services, often with short-haul trips. Costs are reduced via the sole use of Boeing 737 aircraft, which enables minimal maintenance costs and faster turnaround times for repairs and a focus on ticketless journeys. The headquarters for the entity is located in Dallas, Texas.

It was intended to be a shuttle service connecting Dallas, Houston, and San Antonio. However, due to many long legal challenges, commercial flights could not start until 1971. The entity was registered as a domestic general corporation in Delaware on 5th February 2011, with Corporation Service Company as a registered agent for Texas Process Service. The location of an entity’s principal business office has no bearing as to whether it is domestic or foreign. Rather than that, it is determined by the jurisdiction in which the organization was established and the legislation that controls its internal operations. If an organization was established under the laws of another country and its internal activities are controlled by those laws, the organization is a ‘foreign entity.’ 

Authorities sometimes refer to foreign entities as out-of-state entities to emphasize that entities established in other states of the United States, as well as those formed outside the United States, are foreign entities. Section 9.001 of the Texas Business Organizations Code (‘BOC’) requires the different types of foreign entities to file an application for registration with the Texas secretary of state if the entity is ‘transacting business in Texas in order to comply with Texas Process Service requirements. 

HOW TO SERVE LEGAL PAPERS ON AIRTRAN HOLDINGS

AirTran Holdings was a Nevada corporation, based in Orlando, Florida, United States, that operated as an airline holding company. Its primary asset was AirTran Airways until Southwest Airlines acquired AirTran on May 2, 2011. AirTran Holdings Inc. itself operates ad a holding company. The Company, through its subsidiaries, provides scheduled airline services and further offers commercial passenger and cargo transportation services.

All of the operations of AirTran Holdings, Inc. are conducted by their wholly-owned subsidiary, AirTran Airways, Inc. AirTran Airways is one of the largest low cost scheduled airlines in the United States in terms of departures and seats offered and the entity operates scheduled airline service primarily in short-haul markets principally in the eastern United States, with a majority of their flights originating and terminating at their hub in Atlanta, Georgia.

The entity’s principal executive offices are located in Orlando, Florida, and maybe contacted for purposes of Florida Process Service via phone or mail, with relevant company information available on the entity’s official address, including the [A.] audit committee charter, [B.] code of conduct and ethics, and [C.]filings with the U.S. Securities and Exchange Commission. It is imperative to provide the entity’s annual reports on Form 10-K, quarterly reports on Form 10-Q, current reports on Form 8-K, and amendments to these reports. These documents are required to be accessible free of charge as well as any updates as to a waiver of the terms of their code of conduct and ethics for the chief executive officer, the chief financial officer, any accounting officer, and all other executive officers.

HOW TO SERVE LEGAL PAPERS ON SOUTHWEST JET FUEL CO

Southwest Jet Fuel Co was registered on 28th  June 1988, rendering it one of the earliest branches of the entity. The entity filed for registration in a foreign state of incorporation; the entity now comes under the jurisdiction of Texas, typifying the entity as a domestic corporation for purposes of Texas Process Service. The entity retains Corporation Service Company as a registered agent for Texas Process Service, where the office of registration is stationed in Austin, Texas. 

It must be noted that the Office of the Secretary of State cannot help individuals determine the best entity type for their particular business needs. Texas corporations are created by filing a Texas Process Service certificate of formation with the Texas Secretary of State. The Secretary of State provides a form that meets minimum state law requirements, wherein online filing of a certificate of formation is provided through SOSDirect.

A corporation is a legal entity that has the qualities of limited liability, central administration, perpetual duration, and the ease with which ownership interests may be transferred. The term ‘shareholders’ refers to the owners of a company. The term ‘directors’ refers to the individuals who oversee a corporation’s operations and affairs. State corporate law, on the other hand, permits shareholders to engage in shareholders’ agreements that remove directors and establish shareholder management.

The formation of an ‘S’ company is not really a subject of state corporate law, but instead a concern of federal tax law. By submitting an election with the Internal Revenue Service, a for-profit company may opt to be taxed as an ‘S’ corporation. The IRS and competent legal counsel must be consulted about the choice to be taxed as an ‘S’ company and the procedures for submitting the election. 

HOW TO SERVE LEGAL PAPERS ON SOUTHWEST ABQ RES CENTER, INC.

Southwest ABQ Res Center, Inc. registered with the Texas Department of State on 29th December 1983. The entity has Process Service jurisdiction that is not in Texas (and rather falls under Delaware jurisdiction) and comes instead under the ambit of a foreign corporation governed by Texas laws and will have Texas Process Service levied upon it.  The Texas Department of State is under an obligation to send the documents that it has received to the entity in accordance with Process Service requirements. The entity retains Corporation Service Company as its registered agent for Process Service. However, the entity also retains a mailing address in Dallas, Texas. 

Southwest ABQ Res Center is located in Dallas, TX, United States, and is part of the Travel Arrangement and Reservation Services Industry. There are 227 companies in the Southwest A B Q Res Center corporate family, The entity was registered as a domestic general corporation in Texas on 6th April 2001, with Corporation Service Company as the registered agent for Texas Process Service. 

Corporations, LLCs, and LPs are formed by filing a certificate of formation with the secretary of state. Corporations are owned by shareholders, managed by a board of directors, and administered by officers. LLCs are owned by members and managed by members, managers, or both. An LP is a partnership of one or more limited partners and one or more general partners. 

HOW TO SERVE LEGAL PAPERS ON AIRTRAN AIRWAYS 717 LEASING

AirTran Airways 717 Leasing has had its initial Department of State filing done in Delaware being on 6th April 2001. AirTran Airways 717 Leasing thus has it’s just in Delaware specifying a General Domestic Corporation.  The entity retains Corporation Service Company as the registered agent for Delaware Process Service.

The corporate law framework of Delaware does not place constraints on ownership or management by the non-resident of a Delaware business in the United States. While Delaware corporations and LLCs may not be physically present in the state, businesses will have to register a registered agent, since all Delaware businesses are obliged to have a registered agent. Delaware companies must also register their services. A Delaware Registered Agent provides the connection between the business and the Delaware Secretary of State and they can depend then on the Registered Agent to deliver the firm certain legal papers, such as service of proceedings and franchise tax notifications, in a timely way.

A Delaware Registered Agent not only has a physical location in Delaware but must also have access to papers delivered to the firm by the Delaware Secretary of State during regular business hours.   Until they retain a Delaware registered officer, any individual may set up a Delaware business, LLC, LP, beneficiary company, or not-for-profit corporation without residing in Delaware or the USA.

The Registered Agent may provide mail forwarding services or a virtual office; nevertheless, the business cannot use the registered agent’s location as the address of the ‘place of business of the firm. The physical address in the nation from where the entity originally operates will be their actual place of business (or home office).

HOW TO SERVE LEGAL PAPERS ON AIRTRAN AIRWAYS, INC

AirTran Airways, Inc. saw its filing for registration done in Delaware being on 7th September 1993 rendering the entity to come under Delaware jurisdiction.  However, for the purposes of Process Service in Texas, AirTran Airways, Inc. is classified as a foreign stock corporation, although the incorporation in Delaware specifies a General Stock Corporation.  Process Service may be levied on a registered agent for accepting Process Service, in this case, Corporation Service Company functions as the registered agent for Texas Process Service

Often abbreviated as a ‘C’ Corporation, the most common kind of corporation, a General Stock Corporation is a legal corporate organization that operates independently of its owners. It has the authority to issue stock, may have an infinite number of stockholders, and can exist indefinitely. This is often the entity of choice when the owners want to do a private stock offering to obtain money, conduct business on a worldwide scale, grow via acquisitions, or ultimately become a publicly listed company.

As a distinct legal body, the corporation is accountable for the business’s operations. The shareholders are protected by adhering to proper corporate formalities, which include holding regularly scheduled meetings, documenting decisions via corporate minutes, conducting banking through a separate corporate bank account, filing corporate tax returns, and complying with applicable state statutory requirements. The responsibility of the shareholders is limited to the amount invested in the company, not to their personal assets. Failure to comply with corporate formalities enables courts, creditors, and the IRS to penetrate the corporate veil and hold executives, directors, and shareholders personally responsible.

AirTran Airways was founded in 1993 as Conquest Sun Airlines by the management of two minor airlines: [A.]  Destination Sun Airways and [B.] Conquest Airlines, with Victor Rivas, co-founder of Conquest Airlines, played a significant role in the formation of Conquest Sun. In 1994, the airline was acquired by the AirTran Corporation and renamed AirTran Airways. The airline was subsequently split off by the AirTran Corporation under the new Airways Corporation parent company.

The airline and its parent firm, Airways Corporation, were acquired in 1997 by the ValuJet holding company, which also owned ailing ValuJet Airlines. AirTran Holdings acquired the ValuJet holding company and merged ValuJet Airlines into AirTran Airways. Prior to its merger with AirTran Airways, ValuJet Airlines has rebranded ‘AirTran Airlines.’

Southwest Airlines purchased AirTran Airways and its parent company AirTran Holdings on May 2, 2011, and progressively merged the company, with the last revenue flight running on December 28, 2014.

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Sources

1. Singh, byJay, et al. “Southwest Airlines Faces Reckoning over Staffing and Operations.” Simple Flying, 22 Aug. 2021, simpleflying.com/southwest-airlines-flight-attendants-staffing/. 

2. Robert Jordan, Executive Vice President of Corporate Services, will succeed Kelly as CEO on 1 Feb 2022. At that time, Jordan will also join the Board.

3. Feuer, Will. “Southwest Pilots Union Warns of Holiday Pickets amid ‘Complete Lack of Support’.” New York Post, New York Post, 19 Aug. 2021, nypost.com/2021/08/19/southwest-pilots-union-warns-of-holiday-pickets-at-airports/. 

4. Gilbertson, Dawn. “’We’re Not out of the WOODS YET’: Southwest Admits Struggles Will Continue as Employee Gripes Grow.” USA Today, Gannett Satellite Information Network, 24 Aug. 2021, www.usatoday.com/story/travel/airline-news/2021/08/20/southwest-airlines-flight-cancellations-delays-changes-fourth-quarter-cuts/8210108002/. 

5. The Worker Adjustment and Retraining Notification Act of 1988 is a US labor law that protects employees, their families, and communities by requiring most employers with 100 or more employees to provide 60 calendar-day advance notification of plant closings and mass layoffs of employees, as defined in the Act.Pub.L. 100–379

6. Name: CORPORATION SERVICE COMPANY

Address: 251 LITTLE FALLS DRIVE

City: WILMINGTON County:

State: DE Postal Code:

Phone: 302-636-5401

7. This would include 

  • corporations;
  • limited partnerships;
  • limited liability partnerships;
  • limited liability companies;
  • business trusts;
  • real estate investment trusts;
  • cooperatives;
  • public or private limited companies;
  • any other foreign entity that, if formed in Texas, would be formed as a corporation, limited partnership, limited liability company, professional association, cooperative, or real estate investment trust; and
  • any other foreign entity that affords limited liability under the law of its jurisdiction of formation for any owner or member.

8. Form 10K Annual Report: ‘We have created what we believe to be a successful business model by targeting value-oriented business and leisure travelers with high-quality service at affordable fares. Our service is designed not only to satisfy the transportation needs of our target customers but also to provide customers with a travel experience worth repeating. The success of this strategy is evidenced by the 20.1 million revenue passengers who flew AirTran Airways during 2006, a 20.5 percent increase from the 16.6 million revenue passengers we served in the prior year. We achieved these results with a cost structure that ranks among the lowest in the airline industry

9. 9955 AirTran Boulevard, Orlando, Florida 32827,

10. The telephone number is (407) 318-5600.

11. www.airtran.com_

12. 2701 LOVE FIELD DR # DR6TH DALLAS, TX 75235-1907

13. 211 E. 7TH STREET SUITE 620 AUSTIN, TX 78701

14. PO BOX 36611 DALLAS, TX 75235-1611

15. 2702 Love Field Dr. Dallas, TX, 75235-1908 United States

16. Name: CORPORATION SERVICE COMPANY

Address: 251 LITTLE FALLS DRIVE

City: WILMINGTON County:

State: DE Postal Code:

Phone: 302-636-5401

17. 211 E. 7TH STREET SUITE 620 AUSTIN, TX 78701

18. CORPORATION SERVICE COMPANY

Address: 251 LITTLE FALLS DRIVE

City: WILMINGTON

19. CORPORATION SERVICE COMPANY

Address: 251 LITTLE FALLS DRIVE

City: WILMINGTON

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