§414-64 Service on corporation.

468 words·~2 min read·/hi/chapter-414/414-64

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Service of any notice or process authorized by law issued against any corporation, whether domestic or foreign, by any court, judicial or administrative officer, or board, may be made in the manner provided by law upon any registered agent, officer, or director of the corporation who is found within the jurisdiction of the court, officer, or board; or if any registered agent, officer, or director cannot be found, upon the manager or superintendent of the corporation or any person who is found in charge of the property, business, or office of the corporation within the jurisdiction.

(b)If no officer, director, manager, superintendent, or other person in charge of the property, business, or office of the corporation can be found within the State, and the corporation has not filed with the department director, pursuant to this chapter, the name of a registered agent upon whom legal notice and process from the courts of the State may be served, or the person named is not found within the State, service may be made upon the corporation by registered or certified mail, return receipt requested, addressed to the corporation at its principal office.

(c)Service using registered or certified mail is perfected at the earliest of:

(1)The date the corporation receives the mail;

(2)The date shown on the return receipt, if signed on behalf of the corporation; or

(3)Five days after its deposit in the United States mail, as evidenced by the postmark, if mailed postpaid and correctly addressed.

(d)Nothing contained in this section shall limit or affect the right to serve any process, notice, or demand required or permitted by law to be served upon a corporation in any other manner permitted by law. [L 2000, c 244, pt of §1; am L 2001, c 129, §19; am L 2006, c 184, §3]

Case Notes

Where plaintiff improperly served defendant's counsel via mail and not in person pursuant to subsection

(a)and the Hawaii rules of civil procedure rule 4(c) and (d), and also served defendant's temporary receptionist who was not a registered agent, officer, or director of defendant authorized to receive service of process, circuit court properly set aside court clerk's entry of default. 126 H. 190 (App.), 268 P.3d 443 (2011).

Where plaintiff improperly served the complaint on plaintiff's wife, who was not an officer or director of defendant corporation and was not an agent authorized to receive service of process, service of the complaint and summons was not properly made upon defendant as required by this section or the Hawaii rules of civil procedure rule 4; the default judgment was thus void for lack of jurisdiction over defendant corporation and the circuit court properly set aside the default judgment. 126 H. 190 (App.), 268 P.3d 443 (2011).