Legal Question in Business Law in Massachusetts
Supoenaing corporation
If a corporation, incorp. in Del but operating in MA (''foreign corp'') files a Certif. of Withdrawal, where do its records go, in particular its employee records? And how would one go about subpoenaing the recs if the Sec of State cannot locate its resident agent?
2 Answers from Attorneys
Re: Supoenaing corporation
Assuming you can establish jurisdiction with the court, you can serve the subpoena on the corporations Del resident agent or its principal place of business.
Re: Supoenaing corporation
You can also have the Secretary of State serve the company at its principal place of (out of state) business, for a small fee ($10, I believe). There's a MA statute that governs this. Proceeding this way helps insulate you from later challenges in the MA action to improper service of process.
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