Delaware Corporate Law
The Secretary of State does not serve as agent for service of process for domestic or foreign business corporations authorized to transact business in the state under SDCL 59-11. Rather, the corporations' registered agent functions as the agent for service of process.
If an entity that previously filed a registered agent filing with the secretary of state no longer has a registered agent, or if its registered agent cannot with reasonable diligence be served, the entity may be served by registered or certified mail, return receipt requested, addressed to the governors of the entity by name at its principal office in accordance with any applicable judicial rules and procedures. The names of the governors and the address of the principal office may be as shown in the most recent annual report filed with the secretary of state.
If the corporation is conducting business without an agent and service cannot be obtained pursuant to this section, the Secretary of State will act as the agent for service of process.