When applying for certification from the FMCSA. There is a list of items that the transportation companies need to check before applying them. The designation of a service of process SOP agent.
According to federal regulation, the Federal Motor Carrier Safety Administration (FMCSA) means identifying a process agent. The Operating Authority in the US sector regulates the trucking process. These businesses must complete and sign Form FMCSA BOC 3 (Designation of Agents for Service of Process) to become granted and to maintain this ability at FMCSA.
This article focuses on a BOC-3 filing and describes transportation firms. It may select a service of process or process agent. The industry players for transportation for instance. The motor brokers, the carriers, and the freight forwarders transact across the state lines.
What is a filing for BOC-3?
A transportation or logistics company can nominate a process agent who will accept legal papers on behalf of the company. In all the places where it conducts its business across the United States. To do this, it files a BOC-3 form that has the legal term, ‘Designation of Agents for Service of Process. Filing a BOC-3 is often required before a logistics or transportation firm can start to operate.
In regards to the process agent, you should know that motor carriers can file the BOC-3 electronically only with the process agent. In case the freight forwarder or the broker has not used commercial vehicles. Then he can submit the BOC-3, form independently.
When filing your BOC-three shape through the FMCSA website, the following information has to be included:
- Full business title and street address of the freight forwarder, broker, or carrier
- For any drafts or checks that sign, the name and title of the person who has signing authority should be written in the section.
- For each state, the street address and the SOP agent name are in either the singular or the plural but always jointly. Making one organization or a company on file with the FMCSA as the applicant’s process agent for every state at once is refer to as blanket designation.
The Operating Authority application file, FMCSA BOC 3 form has to be receive within 90 days of the date. The FMCSA Register publishes the application. This deadline is for me to allow the Operating Authority grant. Otherwise, the application will reject and all the money paid for the application lost.
What is an FMCSA BOC 3 procedure agent?
Like all authorities of the FMCSA, you cannot file for a BOC-3 unless you have hired the service of a process agent. Commonly known as a ‘‘FMCSA agent’’, who resides in each of the states that you operate in.
To summarize, an SOP agent or process agent is a person or a legal entity. Interested in the creation or updating of standard operating procedures appointed by your Company. They are allowed to endorse legal documents for and on behalf of the principal. Each state in which you allow to carry out business activities needs a process agent who should be physically available. Also, they must be contactable at that address during office hours, or any other time as may be agreed.
After the appointment, the process agent is allow to receive and forward court or legal proceedings. As well as serve process on your company’s behalf in the state for which has been appointed. Service of process is the delivery of papers, which is generally a summons or complaint. To the identified defendant to inform him or her that the legal action has been initiated against him and the course of conduct that is required in the future.
What does it imply to be a blanket procedure agent?
Regarding the process, businesses can interact with a blanket process firm or appoint a process agent in a given state. A blanket business employs a process agent in every region of the country.
Your business could have the FMCSA requirements of appointment of a blanket agent of your company made in one go. The agent is your BOC-3 blanket process agent for every jurisdiction in which you transact your business. Whenever there is a notification, it remains easier if it comes from a single agent. You will receive a notification the moment there is any change in the regulations. This way, practically all possible penalties preventing, including the loss of a good reputation if you violate the FMCSA.
If you choose to have a blanket process agent, you have no option but to select. One from the list of organizations that the FMCSA has accredited as blanket service organizations.
How can I choose the tremendous process agent?
While selecting a registered agent service provider, ensure that you hire professionals who will ensure the proper and safe delivery of official documents. Those with adequate training in the transportation industry’s service of process. Although there are many suppliers to choose from, find a true partner who exceeds standard legal requirements. Also provides useful tools and notifications to help you be aware of the important compliance requirements without offering them for more money.
