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Federal Register / Vol. 86, No. 186 / Wednesday, September 29, 2021 / Proposed Rules
corporations, partnerships, or unincorporated associations.
4 To complete the designation, the person submitting the designation will be required to make a certification, under penalty of perjury, that the submitter is authorized by law to make the designation on behalf of the corporation, partnership, or unincorporated association.
5 The designated service agent submission shall include:
i The legal name, business address, email, and telephone number of the corporation, partnership, or unincorporated association;
ii The principal place of business of the corporation, partnership, or unincorporated association;
iii For corporations, the state of incorporation, any associated state file or registration number, and all other states in which the corporation is registered to do business;
iv Up to five trade names of the corporation, partnership, or unincorporated association, as described by paragraph b3 of this section;
v The name, business address or, if the agent does not have a business address, the address of the residence of, email, and telephone number of the designated service agent;
vi The submitters name, email, and telephone number; and vii The corporation, partnership, or unincorporated associations service method election, as described in paragraph b7 of this section.
6 The designation shall be indexed under the names of each corporation, partnership, or unincorporated association for which an agent has been designated and shall be made available on the Boards website. The business address, email, and telephone number of the corporation, partnership, or unincorporated association provided under paragraph b5i of this section will not be made publicly available on the designated service agent directory website, but such information will be made available to Board staff.
7i A corporation, partnership, or unincorporated association that designates a service agent shall, as a condition of designating a service agent, consent to receive service upon the agent by means of certified mail. It may also indicate in its designation that it consents to receive service by email.
ii If a corporation, partnership, or unincorporated association indicates that it consents to receive service by email, the designated service agents email address will be displayed on the designated service agent directory.

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iii In cases where the designation states that service may be made by email, the person submitting the designation shall affirm under penalty of perjury that the corporation, partnership, or unincorporated association for which the agent has been designated waives the right to personal service by means other than email and that the person making the designation has the authority to waive that right on behalf of the corporation, partnership, or unincorporated association.
iv The corporation, partnership, or unincorporated associations service agents place of business or, if there is no place of business, the address of the service agents residence, must be located within the United States.
8 A corporation, partnership, or unincorporated association may amend a designation of a service agent by following directions on the Boards website.
i Such amendment shall be accompanied by the fee set forth in 37
CFR 201.3.
ii The requirements found in paragraph b of this section shall apply to the service agent designation amendment.
9 After a corporation, partnership, or unincorporated association submits a service agent designation, such designation will be made available on the public designated service agent directory after payment has been remitted and the Board has reviewed the submission to determine whether the submission qualifies for the designated agent provision. The review may include confirmation that the submission was authorized.
If the Board determines that a submitted service agent designation does not qualify under this section or if it has reason to believe that the submitter was not authorized by law to make the designation on behalf of the corporation, partnership, or unincorporated association, it will notify the submitter that it intends not to add the record to the directory, or that it intends to remove or not approve the record from the directory and will provide the submitter ten calendar days to respond. If the submitter fails to respond, or if, after reviewing the response, the Board determines that the submission does not qualify for the designated service agent directory, the entity will not be added to, or will be removed from, the directory.
c Waiver of personal service. Waiver of personal service may be completed by following the procedures in 37 CFR
222.6.

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d Service of other documents. All documents other than those identified in paragraph a of this section must be served in accordance with this paragraph.
1 Service by the Copyright Claims Board.
i Except as provided in paragraph d1ii of this section, the Board shall serve one copy of all orders, notices, decisions, rulings on motions, and similar documents issued by the Board upon each party in accordance with paragraph d3 of this section.
iiA The Board shall serve the second notice required under 17 U.S.C.
1506h, along with a copy of the paper opt-out notification form, by sending them via certified mail to the respondent at the address provided 1 In the designated service agent directory, if the respondent is a corporation, partnership, or unincorporated association that has designated a service agent; and otherwise 2 By the claimant in the claim.
B The Board shall also serve the second notice by email if an email address for the respondent has been provided in the designated service agent directory or by the claimant.
2 Service by a party. Unless these regulations or the Board provides otherwise, each party to a proceeding shall serve on every other party each of the following documents in the manner prescribed in paragraph d3 of this section:
i Any document filed by the respondent other than an opt-out notification;
ii Any document filed by the claimant following the service of the initial notice and the claim;
iii A discovery document required to be served on a party;
iv A party submission filed with the Board pursuant to 17 U.S.C. 1506m;
v A written notice of appearance or any similar document; and vi Any other document permitted to be filed by the Board.
3 Service of other documents: How made.i Service on whom.
A If a party is represented by an attorney or authorized representative, service under this rule must be made on the attorney or authorized representative unless the Board orders service on the party.
B If a party is not represented, service under this rule must be made on the party.
ii Service in general. A A
document is served under this paragraph by sending it to a registered user by filing it with the Boards electronic filing system or sending it by
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