Current through Register 1537, December 20, 2024
Section 104.07 - Resident Agent(1) The clerk of the corporation shall be a resident of the Commonwealth unless the corporation appoints a resident agent. Any corporation may by vote of its directors appoint a resident agent as its true and lawful attorney upon whom all lawful process may be served. Such resident shall be one of the following: (a) Individual who has residence and business address in the Commonwealth;(b) Corporation organized under the laws of the Commonwealth;(c) Corporation organized under the laws of another State which has complied with M.G.L. c. 181, § 4, and has an office in the Commonwealth.(2) The appointment of the resident agent shall become effective upon the filing with the Division of a certificate which shall contain the following information:(a) Name and business address of the resident agent;(b) Copy of the vote of directors appointing resident agent;(c) Signatures under penalties of perjury of the clerk or assistant clerk of the corporation.(3) In like manner the corporation may revoke the appointment of a resident agent or appoint a new resident agent. A certificate for revocation of the resident agent, containing essentially the same information as the certificate of appointment of such agent, shall be filed with the Division. A resident agent may also be appointed by vote of incorporators and listed on the Articles of Organization pursuant to 950 CMR 104.03(1)(j).(4) A resident agent may resign by filing with the Division a certificate containing the following information: (a) Effective date of resignation which shall not be less than 30 days after the date of filing such certificate;(b) Statement that a copy of such certificate has been mailed to the corporation at its last known address on file with the Division;(c) Signature of resident agent under penalties of perjury.