Introduced By: Senator Paiva Weed
Date Introduced : February 4, 1999
It is enacted by the General Assembly as follows:
SECTION 1. Section 9-1-49 of the General Laws in Chapter 9-1 entitled "Causes of Action" is hereby amended to read as follows:
9-1-49. Correct corporate name and registered agent -- Duty
to provide. -- (a) Whenever any person notifies a corporation
that it intends to commence a civil action against the corporation,
it shall be the duty of the corporation to inform the person of
its correct corporate name {DEL and DEL} {ADD , its state
of incorporation, its business address as designated in its state
of incorporation, ADD} its registered agent {ADD and the address
of its registered agent ADD} within fourteen (14) days of receipt
of the notification. {ADD If the corporation is aware that a subsidiary
or affiliate is a proper party to the civil action, the corporation
shall also provide the correct name and address of the subsidiary
or affiliate. ADD}
(b) Whenever a corporation is served with a complaint it shall
notify the plaintiff within twenty (20) days of service of its
correct corporate name {DEL and DEL} {ADD , its state of
incorporation, its business address as designated in its state
of incorporation, ADD} its registered agent {DEL . DEL} {ADD ,
and the address of its registered agent, and if the corporation
is aware that a subsidiary or affiliate is a proper party to the
civil action, the corporation shall also provide the correct name
and address of the subsidiary or affiliate. ADD} Failure of the
corporation to so notify the plaintiff shall result in a defense
on {DEL this issue DEL} {ADD these issues ADD} being waived
by the corporation {DEL if, in fact, the complaint failed to
identify the corporation by its correct corporate name. DEL}
{ADD , and the corporation shall be estopped from asserting that
the complaint failed to identify the corporation by its correct
corporate name, or that the corporation is not a proper party
to the civil action. ADD}
SECTION 2. This act shall take effect upon passage.
