Serving Michigan Corporations, LLCs and Registered Agents
Serving a business means reaching the right person, and sometimes mailing a second copy to the right address. Under MCR 2.105(D) and (H), papers handed to an officer, a managing member or the resident agent complete the serve at the door.
Papers left with another person in charge of an office also need a registered mail copy to the principal or registered office. We pull the entity’s state filing first, ask for the person the rule names, and record who accepted the papers and the role they gave.
Who we serve for business cases
- Resident agents at the registered office
- Officers of corporations
- Managing members and managers of limited liability companies
- Partnerships and businesses operating under an assumed name
- Cities, townships and counties
How a business serve is handled
Pull the entity record
The exact legal name, resident agent and registered office are public through the Corporations, Securities and Commercial Licensing Bureau at the Michigan Department of Licensing and Regulatory Affairs.
Ask for the named role
The server asks for the officer, managing member or resident agent by role, not for whoever happens to be at the front desk.
Record who was reached
The affidavit notes the name of the person served and the role that person stated at the time.
Flag the mailing half
When papers go to a person in charge of an office rather than a named officer or agent, the registered mail copy to the address on file is part of the serve. We tell you when that second step applies.
Questions about serving a business
Is the receptionist the person in charge of the office?
Usually not. In Tindle v Legend Health, PLLC (Mich Ct App, April 20, 2023), the court read the phrase as someone with authority to make decisions for the office, and held that a medical assistant alone in the office did not qualify.
What if the business has no agent on file?
The rules provide a registered mail route to the state when a corporation or LLC has not kept an agent, or when reasonable diligence cannot reach one. A dated record of attempts is what shows that diligence.
Does registered mail include certified mail?
Yes. MCR 2.105(L)(1) says registered mail includes certified mail, and when certified mail is used, the receipt of mailing has to be postmarked by the post office.