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Subject: Comments to OASIS Electronic Court Filing Version 5.0


Established in 1980, COGENCY GLOBAL INC (CGI) formerly National Corporate Research, Ltd. is a professional/commercial registered agent company that provides statutory representation and process agent services under private contracts for tens of thousands of companies across the country. NCR is qualified to act as registered agent in all 50 states and the District of Columbia. NCR also offers registered agent services in many other countries throughout the world.

 

As a commercial registered agent, each year, CGI handles thousands of primary and secondary service of process and other legal communications received on behalf of our clients.  In addition to being served by process servers, process is received by many other means including regular and certified mail, courier service and in some cases fax and e-mail.

 

We have the following comments.

 

The same schema is used to transmit services to process servers and commercial registered agents. Simply, for reason of clarity there should be separate schemas for process servers and commercial registered agents. Also, the agents may not need all of the information that is being transmitted to the process servers.

 

The procedure the commercial registered agents use to register with the system is unclear.

 

At the present time attorneys check the records of the office of the Secretary of State to confirm that the entity is on file with the office and to obtain the name and address of the entities’ registered agent.

 

It is our understanding that OASIS Electronic Court filing Version 5.0 contemplates the commercial registered agents filing a list of the entities they represent with either a central or distributed registry maintained by the court. An attorney could check the list and select the specific entity they want to serve and the associated agent.

We consider this to be impractical. The larger agents can represent thousands of entities within a particular jurisdiction with daily additions, delegations and changes of name. Management of the lists would be a burden on the courts and the agents and subject to error. Also, individual entities can make filings with the Secretary of State without informing the agent.

 

It would be more practical for the commercial registered agents to register with the court without a list of represented entities. Then, as done currently the attorney could confirm the agent from the records of the office of the Secretary of State. If the agent is a commercial registered agent on file with the court the attorney could make the proper selection in the court system.

 

Thank you for opportunity to comments. Please feel free to phone or e-mail me if Committee has any questions or concerns about our comments.

 

 

John Morrissey

Senior Vice President

212.379.1935

COGENCYGLOBAL.COM

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