Massachusetts General Laws

Mass. Gen. Laws ch. 223, § 37 (2026)

Corporations; persons authorized to be served

✓ current as of July 2026

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Section 37. In an action against a county, city, town, parish or religious society, or against the proprietors of wharves, general fields or real estate lying in common, who are incorporated, service shall be made upon the treasurer thereof, or if no treasurer is found, upon one of the county commissioners, the city clerk or one of the aldermen, the town clerk or one of the selectmen, upon one of the assessors or standing committee of the parish or religious society, or upon one of the proprietors of such land or other estate, as the case may be. If there are no such officers as are mentioned in this section, service shall be made upon one of the inhabitants of the county, city or town, or upon one of the members of the corporation.

In an action against a domestic corporation other than one mentioned in the preceding paragraph, service shall be made upon the president, treasurer, clerk, resident agent appointed pursuant to section 49 of chapter 156D, cashier, secretary, agent or other officer in charge of its business, or, if no such officer is found within the county, upon any member of the corporation. If an officer authorized to serve legal process makes a return on such process that, after diligent search, he can find no one upon whom he can lawfully make service as aforesaid, the court to which such process is returned may upon application issue an order of notice to such corporation, directing it to appear and answer within a designated period.

Notes of Decisions

Cited in 31 cases, 1924–2019 · leading case: Dumas v. Tenacity Constr. Inc., 121 N.E.3d 711 (Mass. App. Ct. 2019).

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Dumas v. Tenacity Constr. Inc., 121 N.E.3d 711 (Mass. App. Ct. 2019). · cites it 2× “156D, part 5], cashier, secretary, agent or other officer in charge of its business," and by Mass. R. Civ. P. 4 (d) (2), as amended, 370 Mass.”

Labor Relations Comm'n v. Blue Hill Spring Water Co., 11 Mass. App. Ct. 50 (Mass. App. Ct. 1980). · cites it 3× “Nor is there any basis for Blue Hill’s argument that the commission must make service on the corporation in accordance with the provision for service in a civil action under G. L. c. 223, § 37 (second par.). 11 The provisions of G.”

Lennon v. McClory, 3 F. Supp. 2d 1461 (D.D.C. 1998). · cites it 2× “See Mass. Gen. Laws Ann. ch. 223, § 37 (West 1985); Howse v.”

Walsh v. Nat'l Seating Co., Inc., 411 F. Supp. 564 (D. Mass. 1976). “Mass.Gen.L. ch. 223 § 37 states, in relevant part: In an action against a domestic corporation .”

LTX Corp. v. Daewoo Corp., 979 F. Supp. 51 (D. Mass. 1997). · cites it 2× “Mass. Gen. L. ch. 223, § 38. The preceding section, § 37, details the procedure by which service may be made on a domestic corporation.”

Crossetti v. Cargill, Inc., 924 F.3d 1 (1st Cir. 2019). “' " Crossetti , 2018 WL 2770130 , at *2 (quoting Mass. Gen. Laws ch. 223, § 37 ). Cargill removed the action to federal court on January 2, 2018, and moved to dismiss based on insufficient service of process a week later, on January 9, 2018.”

Metivier v. McDonald's Corp., 449 N.E.2d 1241 (Mass. App. Ct. 1983). “735 (1974). Moreover, we need not discuss the plaintiff’s contentions that the defendant submitted its affidavits to the motion judge in an untimely fashion.”

Stanton v. AM Gen. Corp., 735 N.E.2d 407 (Mass. App. Ct. 2000). “Finally, Stanton contends that AM General is also subject to jurisdiction in Massachusetts courts under G. L. c. 223, §§ 37 and 38. Section 38 provides that a foreign corporation is subject to service if it “is engaged in or soliciting business in the commonwealth, permanently…”

Comm'r of Banks v. Cosmopolitan Trust Co., 41 A.L.R. 658 (Mass. 1925). “” Demand on the execution was made on March 28, 1922, according to the return on May 3, 1922, by the officer, on one "Goldie, its Assistant Secretary, and officer in charge of its business.”

Campbell v. Frontier Fishing & Hunting, Ltd., 405 N.E.2d 989 (Mass. App. Ct. 1980). “” Service is accomplished in the same manner as is service on domestic corporations pursuant to G. L. c. 223, § 37. Under § 37, personal jurisdiction over a domestic corporation may be acquired, inter alia, by service on the “agent.”

Holliston Mills, Inc. v. Plimpton Corp., 55 Mass. App. Dec. 43 (Mass. Dist. Ct., App. Div. 1974). · cites it 4× “181, § 8, since a prerequisite for such service is the officer’s return required under G.L. c. 223, § 37 and § 38. 4. Service has not been made on the defendant in accordance with G.”

Bauer v. Mitchell, 142 N.E. 815 (Mass. 1924). “Although service of process in proceedings to which a county is defendant commonly must be made on the county treasurer, G. L. c. 223, § 37, yet the county commissioners are by statute authorized to represent the county.”

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