§ 412.30.Notice In Summons Served In Action Against Corporation Or Unincorporated Association

When a corporation or unincorporated association (including a partnership) is served through an individual under Chapter 4, § 412.30 requires the copy of the summons served to carry a notice explaining the capacity in which that person is being served. The notice must state, in substance, that the person served is served on behalf of the named corporation or association as someone upon whom the summons and complaint may be delivered to effect service under the appropriate provisions of Chapter 4 (§ 413.10 and following).

If the individual is also being served in their own individual capacity — not just on the entity’s behalf — the notice must say so as well. The consequence of leaving the notice off is significant: if it does not appear on the served copy of the summons, no default may be taken against the corporation or association, or against the individual personally, as the case may be.

This section works together with the entity-service rules in Article 4 of this Chapter — § 416.10 for corporations, § 416.40 for unincorporated associations and partnerships — which specify who within the entity may be served. Section 412.30 makes sure the person handed the papers understands, and the record reflects, that they are receiving them for the entity.