A process agent is a person or company that can accept legal papers (service of process) on behalf of your freight brokerage or trucking company. If someone files a lawsuit against your company in a state where you aren't located, the papers can be delivered to your process agent in that state, and the agent forwards them to you.
Who needs a process agent
FMCSA requires brokers and motor carriers to name process agents as part of getting and keeping operating authority (FMCSA process agents):
- Freight brokers must name a process agent in each state where they have an office and where they write contracts.
- For-hire motor carriers must name process agents for the states where they operate. Check the FMCSA process agents page for the exact requirement that applies to you.
A process agent for FMCSA purposes is not the same thing as the registered agent your state may require when you form an LLC or corporation, though one company may provide both services. Ask your provider which services are included.
The BOC-3 filing
Your process agents are named on a form called the BOC-3, Designation of Agents for Service of Process. The BOC-3 must be on file before FMCSA will activate your operating authority. For a broker, it is one of the filings needed alongside the $75,000 bond or trust fund and the application itself (FMCSA broker registration).
In most cases, the process agent company files the BOC-3 with FMCSA for you. Check the FMCSA process agents page for the current filing options.
Blanket process agent companies
Most brokers and carriers use a blanket process agent company. One filing names agents in every state, so you don't have to find and list a separate agent for each state. FMCSA publishes a list of blanket process agent companies on its process agents page.
When choosing a provider, ask:
- Will they file the BOC-3 with FMCSA for you, and how will you confirm it was received?
- How will they notify you if legal papers are served, and how quickly?
- What is the fee, and is it one-time or recurring?
Keep it current
If your company name, address or process agent changes, update your BOC-3 so FMCSA's records stay accurate. Legal papers sent to an outdated address can mean you never learn about a claim until it's too late to respond.
Need help?
If you're having trouble finding the right process agent for your trucking company or brokerage, start with the list on the FMCSA process agents page. If you're setting up a new trucking company or brokerage and want help with the filings, see start a trucking company or freight brokerage setup, or contact us.
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