AMERICAN PROCESS AGENTS

A BOC-3 filing (Designation of Process Agents, Form BOC-3) is a federally mandated document required by the Federal Motor Carrier Safety Administration (FMCSA) for all interstate motor carriers, freight forwarders, and brokers operating in the United States.

The BOC-3 form designates a process agent in each state plus the District of Columbia through or in which the carrier operates, or in which it has its principal place of business. A process agent is a representative authorized to receive legal documents (such as lawsuits and court orders) on behalf of the carrier.

Why is BOC-3 Required?

• Federal law (49 USC 13304 and 49 CFR Part 366) requires all for-hire motor carriers, brokers, and freight forwarders to file BOC-3 forms.
• A valid BOC-3 filing is required before FMCSA will grant operating authority (MC number).
• Without a BOC-3, a carrier cannot legally operate in interstate commerce.
• The BOC-3 ensures that legal process can be served in any state where the carrier does business.

What is a Blanket Agent?

A blanket process agent (like AMERICAN PROCESS AGENTS) is a company that serves as the designated process agent in all 50 states and Washington D.C. simultaneously. Rather than hiring separate agents in each state, most carriers use a blanket agent for convenience and cost efficiency.AMERICAN PROCESS AGENTS currently serves as the blanket process agent for 3,830 carriers.

Per-State Sub-Agents

Under 49 CFR Part 366, blanket agents must designate a sub-agent in each state and the District of Columbia. Each sub-agent is a person or company physically located in that jurisdiction who is authorized to accept service of legal process on behalf of the carriers represented by the blanket agent. The sub-agent details (name, address, and phone number for each state) are filed directly with FMCSA.

BOC-3 Requirements

To comply with BOC-3 requirements, a carrier must designate a process agent in every state in which it operates, plus the state of its principal place of business and the District of Columbia if applicable. The designated agents must be individuals or companies physically located in those jurisdictions who can accept service of process.