950 CMR, § 110.06 - Service On Foreign Individuals Or Partnerships

Every individual not an inhabitant of the Commonwealth and every partnership composed of persons not such inhabitants, having a usual place of business in the Commonwealth or engaged in the construction erection, alteration or repair of a building, bridge, railroad, railway or structure of any kind, shall, before doing business in the Commonwealth, appoint a resident agent to accept legal process in a writing filed with the Division in accordance with M.G.L. c. 227, § 5. If such an individual or partnership fails to appoint such resident agent, then service of process shall be made according to the following guideline derived from M.G.L. c. 227, § 5:

(1) Service of process, in duplicate, that is, including two copies of the summons and two copies of the complaint, may be made upon the Division by an officer authorized to serve such legal process;

(2) The plaintiff or his attorney shall furnish the Division with the defendant foreign individual or partnership's last known address;

(3) Copies of the legal process shall be sent to such address by the Division by certified mail, return receipt requested;

(4) Signed receipt or undelivered copies shall be kept on file by the Division;

(5) A fee of five dollars shall be paid to the Division by the plaintiff.

Notes

950 CMR, § 110.06