RESIDENT AGENT INFORMATION
Appointment of Resident Agent Requirement
This is a reminder that the General Assembly enacted legislation (Chapter 506, 2001 Laws of Maryland) that requires the governing body of every political subdivision to file with the State Department of Assessments and Taxation a certification of a resident agent to accept service of process for the local entity. This law took effect October 1, 2001. There is no fee for filing under the law. For future reference, the law also requires the local entity to file for the record with the Department any change in the designated resident
Designate or change a resident agent for Service of Process by a government entity
The local governing entities whose charter authorizes the person to accept service of process should attach to the Department's form a copy of that portion of the charter. If the charter does not designate a person for service, then a certified copy of a resolution by the local governing body authorizing the designation should be attached.
Instructions to complete the resident agent form
Maryland law requires political subdivisions or local government entities to file with the Department the designations of persons as resident agents for service of process. A local entity required to file means a county, municipal corporation, bi-county or multi-county agency, public authority, special taxing district or other political subdivision of this State. A State agency not represented by the Maryland Attorney General also must designate a person as its resident agent for service of process.
- Item 1 - The entry made here should be the legal name of the entity.
- Item 2 - The person designated as resident agent must be a specifically named individual, who is a citizen and a resident of the State, or a Maryland Corporation. For example, "John Smith, County Attorney" is a proper entry here but "County Attorney" is not sufficient. Ex officio designations or unnamed officers of the entity are not accepted. A specifically named Maryland Corporation, such as a professional service company which acts as resident agent and regularly receives service of process for multiple corporations, is an acceptable entry.
- Item 3 - Be specific when entering the actual mailing address where the government entity wants the service of process to be mailed.
- Item 4 - The particular box checked here depends upon the underlying legal authority which is the basis of the filing by the governmental entity. A local entity whose charter specifically authorizes the person to accept service of process should check the first box and include a copy of that portion of the charter authorizing the designation. If the charter of the local entity does not designate a person for service of process, then the second box should be checked, and a certified copy of a resolution enacted by the local entity's governing body authorizing the designation or a change in that designation should be attached to the form submitted to the Department. A State agency not represented by the Attorney General should check the third box and attach to the Department's form a certified copy of a resolution of its governing body that authorizes the designation or a change in that designation. A governing body for a State agency means the head, board, council, board of directors or other governing body of the State agency.
- Item 5 - The government entity submitting the designation of a resident agent should choose the specific officer of the local entity it deems appropriate to attest to the designation.
- Item 6 - The person designated as resident agent must sign the form here consenting to the designation.
