Wednesday, March 23, 2022

How to serve a bank

“The Supreme Court of Texas recently determined that section 17.028 of the
civil practice and remedies code provides the exclusive means for service of process
on a financial institution. Section 17.028 requires service on the institution’s registered agent. The ... court held that ‘service on the Secretary [of State] as a foreign
corporate fiduciary’s “agent” under [Estates Code] Chapter 505 does not constitute service on a financial institution’s “registered agent” for purposes of section 17.028.’”Bank of New York Mellon v. FFGGP, Inc., No. 05-20-00384-CV (March 11, 2022) (mem. op.) (citations omitted) (applying U.S. Bank, N.A. v. Moss, No. 20-0517 (Tex. Feb. 25, 2022)).

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