How to serve a registered agent under the FRCP?

Under the Federal Rules of Civil Procedure, a registered agent may be served by delivering the summons and complaint to that agent, because the registered agent is an "agent authorized by appointment or by law to receive service of process." The governing rule is Fed. R. Civ. P. 4(h)(1)(B).

Governing Rule

Service on Corporations and Entities

Fed. R. Civ. P. 4(h) governs service of process on corporations, partnerships, and unincorporated associations. It provides that service may be made in either of two ways within the United States:

Following state law methods for service in the state where the federal court sits or where service is made under Fed. R. Civ. P. 4(h)(1)(A) and Fed. R. Civ. P. 4(e)(1).
Direct delivery to certain corporate representatives, including an authorized agent, under Fed. R. Civ. P. 4(h)(1)(B).

The rule states:

"[Service may be made] by delivering a copy of the summons and of the complaint to an officer, a managing or general agent, or any other agent authorized by appointment or by law to receive service of process."Fed. R. Civ. P. 4(h)(1)(B).[1]

A registered agent falls within the category of an "agent authorized by appointment," because corporations designate that person or entity to receive service of process on their behalf.[1]

Method of Serving the Registered Agent

To properly serve a registered agent in federal court:

Deliver a copy of the summons and complaint to the registered agent. Fed. R. Civ. P. 4(c)(1).
Delivery is typically accomplished by a non‑party adult (18+), such as a process server. Fed. R. Civ. P. 4(c)(2).
If the agent is authorized by statute and the statute requires it, the plaintiff must also mail a copy to the defendant entity. Fed. R. Civ. P. 4(h)(1)(B).
After service, the server must file proof of service (usually an affidavit) with the court. Fed. R. Civ. P. 4(l)(1).

Alternative Method: State-Law Service

Instead of serving the registered agent directly, Rule 4 also allows service by any method permitted under the law of the state where the district court sits or where service occurs. Fed. R. Civ. P. 4(e)(1); Fed. R. Civ. P. 4(h)(1)(A).

This means that if the relevant state law allows service by certified mail, substitute service at the registered agent’s office, or other statutory procedures, those methods may be used in federal court as well.[1]

Practical Summary

Service on a registered agent in federal litigation generally involves:

Delivering the summons and complaint to the registered agent designated by the entity.
Ensuring service is performed by a non‑party adult process server.
Filing proof of service with the court.

This satisfies Rule 4 because the registered agent is an agent authorized to receive service of process for the entity under Fed. R. Civ. P. 4(h)(1)(B).

Key Rule

Fed. R. Civ. P. 4(h)(1)(B) — allows service on a corporation by delivering the summons and complaint to an officer, managing agent, or agent authorized to receive service (including a registered agent).