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privledge/nondisclosure&registered agent

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hootie

Guest
Question: The registered agent of a corporation receives legal documents on behalf of a corporation. Is this communication privledged(receiving legal summons etc)? Does the registered agent have a duty to keep this info confidential? If the registered agent discloses this info, does the corporation have any recourse(obviously removing the person as the agent is the first step...but the damage is done). State of CT. Any help would be greatly appreciated.
 


JETX

Senior Member
The entire purpose for having a 'Registered Agent for Service' is to assure that the Corporation receives the legal documents you are serving. This is because a Corporation does not have an inherent 'person' for service as an individual does/is.

Once the Registered Agent is served, it is deemed served on the Corporation, so 'replacing' him/her would be of no benefit or excuse.

If you are wanting the 'agent' to keep the service secret, it kind of defeats the entire purpose for service, doesn't it??? Also, assuming your suit is against the corporation, who would you propose making service on??
 
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hootie

Guest
Thankyou for the response. Let me clarify my question... I know htat the registered agent is supposed to inform the corporate officers.(The agent does not work for the corporation)

But, to then "gossip" to uninvolved parties with the obvious intent to harm the corporations reputation....is this disclosure of privledged info?

Unfortunately, Im beginning to think that the corporation has no recourse in protecting itself from this. That is why changing who the registered agent is seems to be the only solution.
 

JETX

Senior Member
Your posts weren't clear on this, but I assume from the tone of the response that you are not concerned about trying to serve the Corporation, but concerned about whether the agent for the corporation (Yours?) would keep the service or suit 'quiet' to outsiders.

If my assumption is true, I don't believe that there is a statutory requirement for non-disclosure. Naturally, if the agent is an attorney, there would be disclosure and confidence in the agent, However, if the agent is not precluded by any other requirement, the corporation could certainly have the agent sign a non-disclosure statement before him/she being designated.
 
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hootie

Guest
Thankyou very much. That was great advice.
My question is answered.
 

I AM ALWAYS LIABLE

Senior Member
My response:

Just .02 cents worth from the peanut gallery.

It really doesn't matter if the Agent for Service tells anyone or not, and a "confidentiality agreement" in this regard is really worthless.

You see, a lawsuit is "public record" anyway. So, whether the Agent says anything really doesn't matter. An Agent, like anyone else, can talk about Public Records at any time they want, to whomever they want.

As a matter of fact, if I wanted to find out if a lawsuit was filed by, or against anyone, or any corporate entity, all I would have to do is go to the courthouse and look at the Registry of Actions, and then have the Clerk pull the file for me. The court file is not private, and the ensuing litigation certainly isn't private.

The presumption, and the fact is, that by the time the Agent for Service has received the Summons and Complaint, the action has already been filed in court, and is already in the "public record"

So, anyone can get this info regardless of whether the Agent says anything. And, if the Agent does mention it, he's not "telling tales out of school" by doing so.

Summary: You can't "gag" someone from discussing public records - - unless you're a judge ordering the same.

IAAL
 

JETX

Senior Member
IAAL, I agree with you as to the public record aspect of lawsuits; however, the original question was, "The registered agent of a corporation receives legal documents on behalf of a corporation..."

As we both know, legal documents are not just public records and could be a variety of confidential documents, such as documents from official agencies, legal correspondence, 'offers to purchase', customer complaints, etc.

In these cases of non-public record documents, the agents confidentiality could be instilled by having him/her enter a non-disclosure agreement.
 
H

hootie

Guest
Thank-you for your response IAAL. Just to further shed some light, the agent in question recieved legal notice of a civil suit against the corporation(me & my family), and then communicated such information to a third party, with questionable intentions. This eventually got around in some bizarre way to my teenaged children, which upset them (and then me) greatly. Not much I can do, oh well.

Thanks again to you both.
 

I AM ALWAYS LIABLE

Senior Member
Halket said:
IAAL, I agree with you as to the public record aspect of lawsuits; however, the original question was, "The registered agent of a corporation receives legal documents on behalf of a corporation..."

As we both know, legal documents are not just public records and could be a variety of confidential documents, such as documents from official agencies, legal correspondence, 'offers to purchase', customer complaints, etc.

In these cases of non-public record documents, the agents confidentiality could be instilled by having him/her enter a non-disclosure agreement.
My response:

Steve, I have no problem with what you've said, and in fact, I wholeheartedly agree with you insofar as your mentioned types of documents are concerned.

However, all I was commenting about, and as Hootie said in his first post was, "Is this communication privledged(receiving legal summons etc)?"

Since all he mentioned was a Summons, that was all my response was directed to; and, it appears, that his post, above this one, bears me out in this matter.

Hey, as always Steve, it is a pleasure to work with you on a post. It is a rare and pleasurable occasion, indeed, that we come together on a post. I certainly hope all is well with you.

Your friend-in-law,

IAAL

P.S. Hootie, whatever you decide, I wish you the best of luck. I'm sorry that what the Agent has done caused you personal embarrassment and discord within your family. At the very least, what the Agent did was not "cool", but on the other side of the coin, I don't believe it's actionable.

Just fire him. Agents are a "Dime-a-dozen".

IAAL
 

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