Service of Process
The registered agent is the corporation’s agent for service of process. However, whenever a corporation fails to appoint or maintain a registered agent or whenever its registered agent cannot with reasonable diligence be found, the secretary of state may be served as agent for that corporation.
Summons and Service
Summons and service may be made by delivering such notice of service to the Office of the Secretary of State, Corporations Division, 128 State Street, Montpelier, Vermont 05633-1104. The documents must be in duplicate, and a fee of $25 is charged when the Office of the Secretary of State accepts service of process on behalf of a corporation.
The secretary of state accepts service of process (formal notice of a lawsuit) on behalf of corporations without a registered agent (someone who accepts service on behalf of a corporation) or for foreign corporations.
The Office of the Secretary of State may also accept service of process on insurance companies, whether foreign or domestic.
Most forms of registration require the name and address of the registered agent who resides in Vermont.
- The registered agent is the “person” who accepts service of process of a lawsuit, or other official correspondence, or papers on behalf of the company.
- The registered agent must have a legal street address in Vermont.
- The registered agent cannot use a post office box.
- The registered agent may be an individual who resides in Vermont; or a registered profit or nonprofit, foreign, or domestic corporation in good standing.
- The registered agent does not have to be an employee, shareholder, or director of the company.
- Appointment of a registered agent must be done with his or her prior approval.
Frequently Asked Questions
If someone sues the company, the papers are given or “served” to the registered agent. The agent must then let an official of the company know that the company is being sued. The annual report required by the Office of the Secretary of State is also mailed directly to the registered agent. The registered agent is required to forward the notice to the company immediately upon receipt.
Whenever the registered agent, the agent’s address, or the address of the registered office changes, the Corporations Division must be notified. Please visit the “Manage Your Registration” page for more information.
A registered agent may resign his or her agency appointment by signing a statement of resignation and delivering it to the Office of the Secretary of State and the company at its registered office. The appointment is terminated on the 31st day after the date on which the statement is filed. There is no fee to resign as registered agent. The company must immediately designate and notify the Office of the Secretary of State of the new registered agent.
Per Vermont law, your registration with us requires that you have a local Registered Agent for Service of Process. A Registered Agent can be any individual over the age of 18, or a validly registered business, with a physical address located in Vermont. In most cases, the Registered Agent is the owner, an officer or director of the business, an attorney or law firm, or an accountant or business advisor, who accepts said responsibility.
In some cases where none of the above applies, a professional registered agent service may be used, for a fee, to act in such a capacity—any number of which can easily be found online.