Delaware Code

10 Del. C. § 3111 (2026)

Actions against corporations; service of process

✓ current as of May 2026

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(a) Actions may be brought against any corporation, at law or in chancery, by summons. Process may be served on the president, or head officer, if residing in the State, and if not, on any officer, director, or manager of the corporation. When a cause of action arises in this State against any corporation incorporated outside of this State, and there is no president or head officer of such corporation or any officer, director or manager thereof resident in this State, nor any certified agent thereof, for the service of process, resident in this State, process against such corporation may be served upon any agent of such corporation then being in the State. If such corporation appears, the action shall proceed as in other cases, and if it fails to appear, the plaintiff shall have judgment by default, service of the process being first proved. In an action upon the note of a bank, payable at one of its branches, service of process upon the president or cashier of that branch shall be sufficient. Copies of any rules of court, notice, proceeding, or order, may be served in the same way as original process or upon the attorney of record.

(b) In any action against a corporation whose officers reside out of the State, process may be served by publishing the substance thereof in a newspaper of this State, and of the state where the head officer resides, 20 days before the return thereof, and such service shall be sufficient.

(c) In respect to such corporation, 10 days notice of any motion, rule, order, or other matter or proceeding is sufficient. Such notice may be served personally on the president, any director or manager, or on the attorney of the corporation, or by copy of the rule or other matter sent by mail to the president or head officer at his or her usual place of abode, or by publishing the same in a newspaper near thereto.

(d) Service upon corporations may also be made as provided by § 321 of Title 8.

Code 1852, §§ 1246-1248; 21 Del. Laws, c. 273, § 43; 22 Del. Laws, c. 166, § 2; Code 1915, § 4098; 29 Del. Laws, c. 257; Code 1935, § 4589; 10 Del. C. 1953, § 3111; 70 Del. Laws, c. 186, § 1;

Notes of Decisions

Cited in 4 cases (1 in the last 5 years), 1953–2023 · leading case: Thompson v. Target Stores, 501 F. Supp. 2d 601 (D. Del. 2007).

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Thompson v. Target Stores, 501 F. Supp. 2d 601 (D. Del. 2007). “§ 321; 10 Del. C. § 3111. Plaintiffs chosen method of service — mailing the summons and the complaint to two of defendant’s retail stores — fails to meet the requirements of the Federal Rules and the laws of the State of Delaware.”

Klein v. Sunbeam Corp., 95 A.2d 460 (Del. 1953). “NOTES [1] Re-codified by act of the current General Assembly as 10 Del.C. § 3111. [2] Further elaboration of the factual situation will be found in the opinion of this Court filed heretofore, and in the opinion of the trial court, Klein v.”

Tratado de Libre Commercio, LLC v. Splitcast Tech. LLC (Del. Ch. 2019). “8 Pursuant to Chancery Rule 4(d)(7), the first condition is fashioned after 10 Del. C. § 3111(b). 9 Pursuant to Chancery Rule 4(d)(7), the second condition is fashioned after Chancery Rule 4(da) Service by Publication, which pertains to compelling appearance pursuant to William…”

Jennifer August v. The Glade Prop. Owners Ass'n, Inc. (Del. Ch. 2023). “9 service may be accomplished “in accordance with the otherwise applicable rules authorizing service on the form of legal entity of the association”—for a Delaware corporation like the Association, in accordance with 10 Del. C. § 3111. It does not authorize a plaintiff to seek…”

— 10 Del. C. § 3111(b) — 1 case

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