Service of Process

Registered Agents & Service of Process

Registered Agents

What is a registered agent or registered office?
A registered agent is an individual or a business entity located at a physical street address in Oregon, whose sole responsibility is to accept legal documents (service of process, lawsuits, liens, subpoenas, etc…) on behalf of the business.

The registered office is the physical street address where the registered agent is located during normal business hours. The registered office address may be the same as the business' place of business. The registered office address must be a physical street address located in Oregon.

The registered office address is where the Corporation Division will mail correspondence, renewal and late notices, unless a separate mailing address for the business is provided.

Who can be a registered agent?
Any individual or registered business with a physical street address in Oregon can consent to serve as the registered agent. Most Oregon businesses are able to list an officer, owner or employee and the business street address for their registered agent and registered office. Frequently the business' attorney or accountant will serve as the registered agent. In addition, another business entity may serve as the registered agent, or you may contract with an agent service company to provide the registered agent service for you. The individual or business named must have consented to serve as the registered agent.

Can a registered agent use a Post Office box or mail forwarding business for their address?
No, the registered agent address must be a physical street address where the registered agent is physically located during regular business hours in Oregon and can accept legal service for the business. As legal process is physically served on a natural person, a process server cannot physically serve the registered agent at a mail forwarding business.

          Note: Providing a mail forwarding business for the registered agent's address may result in
                     administrative dissolution of the business by the Corporation Division. Listing a mail
                     forwarding business as the registered agent address may also violate the agreement
                     with the mail forwarding business, if they have not agreed to accept legal service.

What if my business does not have an office or employees in Oregon?
There are businesses that will agree to serve registered agent and accept legal service for the out-of-state business. For your convenience, we've assembled a list of known registered agent service companies in Oregon, in case your business is not able to provide it's own registered agent and registered office. Registered agent service companies typically charge between $70 and $150 or more per year for this service. Your attorney or accountant may also offer this service.

Do I have to pay a third party to be the registered agent?
No, most Oregon businesses are able to list an officer, owner, or employee and the business street address for their registered agent and registered office address.

How does a registered agent resign?
A registered agent may resign by delivering to the Corporation Division a signed written statement resigning as agent and give notice to the business, by mailing a copy of the statement to the business. Deliver to:
                    Secretary of State
                    Corporation Division
                    255 Capitol Street NE, Suite 151
                    Salem, OR 97310-1327
The registered agent resign date will be recorded as of the date the Corporation Division receives the letter of resignation from the registered agent. By law, a registered agent must continue to be available to accept service of process for the business for 30 days after the Corporation Division is notified of the resignation.

What is required if the registered agent has resigned?
The business must designate a new registered agent and provide that information to the Corporation Division. Failure to designate a new registered agent will result in administrative dissolution of the business. Please use form 131 to appoint a new registered agent.

What does 'No Consenting Registered Agent on File' mean?
A registered agent must consent to serve as registered agent for the business. When an individual has been listed as the registered agent without their prior consent, they may deliver to the Corporation Division a signed written statement that they are not associated with the business and never consented to serve as registered agent. Deliver to:
                    Secretary of State
                    Corporation Division
                    255 Capitol Street NE, Suite 151
                    Salem, OR 97310-1327
The business must designate a new registered agent and provide that information to the Corporation Division. Failure to designate a new registered agent will result in administrative dissolution of the business. Please use form 131 to appoint a new registered agent.

Service of Process

Legal service on business entity or registered agent
The sole purpose of the registered agent is to accept legal documents (service of process, lawsuits, liens, subpoenas, etc…) on behalf of the business. Information about businesses registered in Oregon, including the registered agent and registered office is a matter of public record and is available on the internet through our online business name search.

Completing service of process, notice, or demand a business or registered agent is an important legal proceeding that may affect the outcome of a court case, or dispute. Please contact your attorney or a licensed process server for more information.

When unable to serve process on the business entity or registered agent
If you are unable to serve process, notice, or demand on a business or its registered agent, the Secretary of State can accept service as agent for the business. After completion of initial service upon the Secretary of State, no additional documents need be served upon the Secretary of State to maintain jurisdiction in the same proceeding or to give notice of any motion or provisional process.

To serve the Secretary of State, submit via certified mail, registered mail, or in person:
    1) A copy of the process, notice, or demand, along with any papers required by law to be delivered in
         connection with the service, to:
                    Secretary of State
                    Corporation Division - Process Service
                    255 Capitol Street NE, Suite 151
                    Salem, OR 97310-1327
    2) A statement by the person initiating the proceedings that all other required attempts to serve the
         business or its registered agent, have been unsuccessful.
    3) Payment of a $20.00 Process Service fee for each business or party being served. We accept
         checks, Visa, and MasterCard for service received through the mail. Please include cardholder
         name, card type, card number, and expiration date if paying with a credit card.
If you require an acknowledgement of receipt of the service of process, please include a request in your transmittal or cover letter.

After accepting service of process, the Secretary of State records the information regarding the complaint in our database. The Secretary of State does not attempt to notify or contact the business identified in the complaint, or its registered agent regarding the complaint.

If you have any questions regarding this procedure, please contact us at (503) 986-2200.