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Federal Rules of Civil Procedure (FRCP) QUESTION #5663
Question 1
In a diversity case, a plaintiff serves a corporation by delivering the summons and complaint to a 'managing agent' at the corporation's headquarters. The corporation argues service was improper because the agent was not 'authorized by law' to receive service. Which is the most accurate statement under Rule 4(h)?
  • Service is only valid if the agent is specifically authorized by a state statute.
  • Service is valid if the individual is a managing or general agent, regardless of whether they are 'authorized by law'.✔️
  • Service must be made on the CEO or Chief Executive Officer specifically.
  • Service is invalid unless a copy is also mailed to the defendant's principal place of business.
Correct Answer Explanation
Rule 4(h)(1)(B) allows service on a domestic or foreign corporation by delivering a copy of the summons and complaint to an officer, a managing or general agent, or any other agent authorized by appointment or by law.