Michigan Laws 400.281 – Designation of resident agent; service of process
Current as of: 2023 | Check for updates
|
Other versions
Terms Used In Michigan Laws 400.281
- Charitable organization: means a benevolent, educational, philanthropic, humane, patriotic, or eleemosynary organization of persons that solicits or obtains contributions solicited from the public for charitable purposes. See Michigan Laws 400.272
- Contribution: means a promise, grant, or payment of money or property of any kind or value, including a promise to pay, except payments by members of an organization for membership fees, dues, fines, or assessments, or for services rendered to individual members, if membership in the organization confers a bona fide right, privilege, professional standing, honor, or other direct benefit, other than the right to vote, elect officers, or hold offices, and except money or property received from a governmental authority or foundation restricted as to use. See Michigan Laws 400.272
- Person: means an individual, organization, group, association, partnership, corporation, limited liability company, trust, any other legal entity, or any combination of legal entities. See Michigan Laws 400.272
- Professional fund raiser: means a person who plans, conducts, manages, or carries on a drive or campaign of soliciting contributions for or on behalf of a charitable organization, religious organization, or any other person in exchange for compensation or other consideration; or who engages in the business of or holds himself or herself out as independently engaged in the business of soliciting contributions for those purposes. See Michigan Laws 400.272
- Professional solicitor: means a person who is employed or retained for compensation by a professional fund raiser to solicit contributions for charitable purposes. See Michigan Laws 400.272
- Service of process: The service of writs or summonses to the appropriate party.
- Solicitor: means a person who solicits on behalf of a charitable organization. See Michigan Laws 400.272
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
(1) The attorney general shall not accept a registration statement from a charitable organization located in another state or country unless it first designates a resident agent in this state for the acceptance of process issued by any court.
(2) A charitable organization, professional fund raiser, professional solicitor, or other person soliciting contributions in this state but not having an office in this state is subject to service of process as follows:
(a) By service on its registered agent in this state, or if there is no registered agent in this state, then on the person designated in the registration statement, license application, or registration application as having custody of its books and records within this state. If a person designated in a registration statement, license application, or registration application is served under this subdivision, a copy of the process shall be mailed to the charitable organization at its last known address.
(b) By service made as otherwise provided by law or court rules if any of the following apply:
(i) If the person has solicited contributions in this state, but in this state does not maintain an office, has a registered agent, and has a designated person that has custody of its books and records.
(ii) If a registered agent or person that has custody of the person’s books and records in this state cannot be found, as shown by the return of the sheriff of the county in which the registered agent or person that has custody of books and records has been represented by the charitable organization as maintaining an office.
(3) Solicitation of a contribution in this state, by any means, is considered the agreement of the charitable organization, professional fund raiser, professional solicitor, or other person that any process against that person that is served in accordance with this section is of the same legal force and effect as if served personally.