Can I Be My Own Process Agent for BOC-3
Can I Be My Own Process Agent for BOC-3 filing?
Yes, the FMCSA states that you have a right to serve as your own process agent. But there is a catch. You can only do so within your organization’s base state. No exceptions. If you’re a licensed process agent, you have to have a physical address on file with the FMCSA. That address is where services of the process get sent in the mail during normal business hours.
What Is a BOC-3 Process Agent/FMCSA Agent?
Do you operate a transportation company? If so, you have no choice but to designate a service of process (SOP) agent because they hold the correct license for each state across the county. A process agent plays the exact same role as that of an FMCSA agent. A BOC-3 process agent must operate in all states where your company conducts business.
The process agent/SOP agent is either an individual or a business. It functions as the official entity that gets appointed by your organization. A process agent has the authorization to receive all legal documents. Those documents get received on behalf of the principal. Every process agent must be available at the address that gets submitted to the FMCSA. The agent must make himself or herself available during normal weekday business hours.
Say that you choose a new process agent. An agent must have FMCSA authorization to receive and forward the service of process. The agent can also receive and forward many other legal/court documents. Receiving and forwarding are on behalf of the transportation company. It takes place in all states where the agent has an official designation. Service of process refers to the delivery of documents. Oftentimes, in this case, a document is either a complaint or a summons. When this happens, litigation has started against a transportation company. That company then gets named as a defendant.
How Do I Designate a BOC-3 Process Agent?
The first step is for an applicant to contact a process BOC-3 Filing agent. The process agent has the ability to file BOC-3 forms through the FMCSA. BOC-3 refers to the official term: Designation of Process Agents. No more than one filled-out form can go on file. The form has to feature every single state that applies to agency designations. All carriers and brokers have to keep a copy of the form at each principal place of business. This is an official FMCSA policy.
Companies have a right to select any blanket company that meets the criteria of a process agent. A blanket company does not have to operate in the same state as the applicant. Why? Because every blanket company works with a process agent in each state for your BOC-3 filing form.
The Advantages of Working With a Blanket Process Agent
Businesses can appoint a process agent for specific states. Or, they can designate a blanket agent that covers all states. Sometimes appointing a blanket agent is the best route to take. Why? Because blanket agents excel at consolidating a company’s obligations with the FMCSA. Each blanket agent serves as an official BOC-3 company blanket process agent. This applies to every jurisdiction where a transportation business operates.
Using the services of a blanket agent is convenient for many businesses. That’s because one single agent can track every notification from the government. Otherwise, you could have to communicate with dozens of agents. Doing so can cause major headaches when regulation changes take place. Working with a blanket agent can reduce the risk of experiencing fines and penalties. When there is a compliance error, a company can lose good standing with the FMCSA registration. That’s why you should surround your company with professionals, such as our organization.