What is Form BOC-3
One of the many things we specialize in at
www.uscomplianceservices.org
is Form BOC-3 and understanding the rules and regulations the
requires all motor carriers, brokers, and freight forwarders.
Brokers who are registering for the first time must apply for broker authority with the FMCSA via the Unified Registration System (URS) as of December 12, 2015
https://www.fmcsa.dot.gov/registration/broker-registration
In this article, we will discuss the details about Form BOC-3.
The road to get your company up and running can be quite confusing. Most importantly, having a successful business startup following the right order is a must. First, you must apply for your broker authority through the URS Electronic Registration System. The FMCA will issue your MC number only after the URS process is complete. Next, is filing the of the BOC-3 Form.
What is Form BOC-3
BOC Stands for Blanket of Coverage.
Form BOC-3 appoints a specific service of process agent (SOP) for your company. The BOC-3 authorizes the SOP to receive and forward legal documents on the behalf of your company. Appointing the SOP is a prerequisite to filing Form BOC-3. The SOP is the ONLY way to file the form. Conducting business in multiple states requires a designated.
Regulations governing the designation of persons upon whom process may be served are prescribed at 49 CFR 366, as amended. An agent must be designated for each state in or through which the carrier, broker, or freight forwarder operates; each person, association or corporation designated must reside in the state for which designated; a carrier, broker or freight forwarder may designate himself/herself for the state in which he/she resides; and state officials may be designated only if such official’s agreement to so act is furnished with this designation. Note: a post office box is NOT ACCEPTABLE as an agent’s address.
https://www.fmcsa.dot.gov/registration/form-boc-3-designation-agents-service-process
Hiring a single trusted party in charge of the communication with the government is vital for the survival of your company. Having a designated service of process agent ensures timely notification about lawsuits filed against your company. All of this can be taken care of by our trained professionals. Form BOC-3 is one of many services we provide.
Good News!!
The FMCSA has an official list of Process Service Companies.
US Compliance Services is one of the few companies on that list.
We have trained professional that are proficient a managing your Form BOC-3 Process Service filing. The FMCSA requires that all transportation companies (motor carriers, brokers, and freight forwarders) have a Form BOC-3 Process Service on file.
Let’s be honest, the section below is painful to read. Let US Compliance Services take care of you.
49 USC 13303
Service of notice in proceedings(a)Agents for Service of Process.—A carrier, a broker, or a freight forwarder providing transportation or service subject to jurisdiction under chapter 135 shall designate, in writing, an agent by name and post office address on whom service of notices in a proceeding before, and of actions of, the Secretary may be made.
(b)Filing With State.—A motor carrier providing transportation under this part shall also file the designation with the appropriate authority of each State in which it operates. The designation may be changed at any time in the same manner as originally made.
(c)Notice.—A notice to a motor carrier, freight forwarder, or broker shall be served personally or by mail on the motor carrier, freight forwarder, or broker or on its designated agent. Service by mail on the designated agent shall be made at the address filed for the agent. When notice is given by mail, the date of mailing is considered to be the time when the notice is served. If a motor carrier, freight forwarder, or broker does not have a designated agent, service may be made by posting a copy of the notice at the headquarters of the Department of Transportation.
(Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995, 109 Stat. 858.)
https://www.govregs.com/uscode/title49_subtitleIV_partB_chapter133_section13303
49 USC 13304
Service of process in court proceedings(a)Designation of Agent.—A motor carrier or broker providing transportation subject to jurisdiction under chapter 135, including a motor carrier or broker operating within the United States while providing transportation between places in a foreign country or between a place in one foreign country and a place in another foreign country, shall designate an agent in each State in which it operates by name and post office address on whom process issued by a court with subject matter jurisdiction may be served in an action brought against that carrier or broker. The designation shall be in writing and filed with the Department of Transportation and each State in which the carrier operates may require that an additional designation be filed with it. If a designation under this subsection is not made, service may be made on any agent of the carrier or broker within that State.
(b)Change.—A designation under this section may be changed at any time in the same manner as originally made.
(Added Pub. L. 104–88, title I, § 103, Dec. 29, 1995, 109 Stat. 858.)
https://www.govregs.com/uscode/title49_subtitleIV_partB_chapter133_section13304
How Can US Compliance Services Help?
US Compliance Services is ready to assist you in a successful and seamless Form BOC-3 filing. We do the work to so you don’t have to.
Learn about our services on our services page.
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Still have questions? Give us a call at 1-877-405-5003.