Chapter 17A: Corporations and Associations
Art. 17A.01: Application and Definitions
This chapter outlines procedural rules regarding the criminal responsibility of corporations and associations. It clarifies that other chapters of the code apply unless there is a conflict.
Key Definitions:
Agent: Represents directors, officers, employees, or other authorized individuals acting on behalf of a corporation or association.
Association: Includes governmental or agency entities, trusts, partnerships, or groups of individuals with joint economic interests.
High Managerial Agent: Refers to officers in a corporation/association, partners, or agents whose responsibilities represent the organization's policy.
Person: Represents both corporations and associations in legal contexts.
Art. 17A.02: Allegation of Name
When alleging the name of a defendant corporation, the complaint or indictment must state the corporate name or any other designation for identification.
For associations, the same identification process applies, which can also include names of one or more members with reference to unnamed members as "others."
Art. 17A.03: Summoning Corporation or Association
When a complaint, indictment, or information is filed against a corporation or association, the court issues a summons consistent with standard procedures:
Requires the organization to appear before the designated court.
Accompanied by a certified copy of the legal documentation.
Specifies a time frame for appearance (10 a.m. the following Monday after 20 days from service).
Individuals cannot be arrested for legal actions taken against corporations or associations.
Art. 17A.04: Service on Corporation
A peace officer serves a summons on a corporation by delivering it to its registered agent. If no registered agent is available, it must be delivered to the president or a vice-president.
If service attempts on a registered agent are unsuccessful, the summons should be served on the secretary of state who then forwards it to the corporation’s registered office.
Records of service must be maintained by the secretary of state, including the date and time of service.
Note: Service methods for corporations regulated under the Insurance Code follow that specific code.
Art. 17A.05: Service on Association
For associations, a summons can be served by delivery to:
A high managerial agent at the association’s primary business location.
An employee of suitable age and discretion if the high managerial agent cannot be served.
Any member of the association if the previous attempts are unsuccessful.
Insurance Code regulations also apply for service methods relevant to associations in that industry.
Art. 17A.06: Appearance
In criminal actions against corporations or associations:
If in district or county-level court, appearance is for arraignment, followed by 10 days to file written pleadings before trial.
In justice court or corporation court, appearance relates to entering a plea, with a 10-day wait before trial.
Art. 17A.07: Presence of Corporation or Association
Corporations or associations appear in court through legal counsel.
If they do not respond to summons or fail to plead, they are treated as present for legal proceedings, with the court entering a not guilty plea on their behalf.
Absence during proceedings leads to a similar treatment by the court, allowing for judgment and sentencing to continue.
Art. 17A.08: Probation
Corporations and associations are not eligible for the benefits associated with adult probation laws.
Art. 17A.09: Notifying Attorney General of Corporation’s Conviction
If a corporation is convicted or a high managerial agent is convicted for offenses regarding the corporation, the court must inform the attorney general once the conviction is final.
The notification must include detailed identification information such as the corporation’s name, registered agent details, and certified legal documents related to the case.