Form 39 – Notice of Change of Address of Attorney

Jurisdiction: Country: Canada | Province/State: British Columbia

What is a Form 39 – Notice of Change of Address of Attorney?

Form 39 is a statutory notice used to update the official address of an “attorney for service” on the public record in British Columbia. It applies when an entity that must maintain an attorney for service in BC has a change in that attorney’s service address. The “attorney” here is not necessarily a lawyer. It is the person authorized to accept legal documents on behalf of the entity in British Columbia.

In this context, “address of attorney” means the physical delivery address (and, if different, the mailing address) at which the attorney must be reachable during business hours. This address is where someone can hand-deliver legal notices, court documents, or regulatory correspondence. The registry treats this address as the official address for service. If the address is wrong, your business can miss important deadlines.

Who typically uses this form?

You do if you manage corporate records for an extra‑provincial company registered to do business in British Columbia. You may also use this form if you are the attorney for service and the company asks you to coordinate filings. In small businesses, the owner or director often completes it. In larger organizations, a corporate secretary, paralegal, or in‑house counsel usually files it. Law firms acting for a client may also prepare and submit it on the client’s behalf.

Why would you need this form?

You need this form when the attorney’s address for service changes for any reason. Common triggers include a move to a new office, consolidation of locations, lease expiry, a shift from a home office to a commercial space, or re-numbering by the municipality. You also use it to correct the attorney’s address if the registered record contains a typo or outdated postal code. If the attorney relocates outside British Columbia, you cannot use this form alone. You must first appoint a new, qualifying attorney for service with a BC address, then file the address change for that new appointee as needed.

Typical usage scenarios

• Your attorney for service moves from one Vancouver address to another.
• You file Form 39 so that process servers know where to deliver court documents.
• Your business changes its registered service vendor, and the vendor assigns a new downtown address for all clients.
• You file Form 39 to align your public record with the new delivery point.
• Your attorney’s building is demolished and temporary space is set up two blocks away.
• You file Form 39 to keep service uninterrupted.
• You discover the unit number is missing on the registry record.
• You file Form 39 to correct it and avoid misdirected deliveries.

In short, Form 39 keeps the public service-of-process address accurate. That protects you from missed notices and compliance risks.

When Would You Use a Form 39 – Notice of Change of Address of Attorney?

You use Form 39 as soon as the attorney’s address for service changes or needs correction. Do not wait for your year-end filings. The obligation to keep the address current exists continuously. Filing promptly reduces the risk of someone serving documents at the wrong place and claiming valid service.

Practical situations

• Your attorney for service moves offices across town. The delivery address on file is no longer staffed. You file Form 39 to update the new street address, including the correct suite number and postal code.
• Your attorney shifts from a home address to a secure mailroom at a commercial building. You file Form 39 to reflect the new delivery point.
• Your attorney adds a separate mailing address (for example, a PO Box) while keeping a physical delivery location. You file Form 39 to list both addresses.
• Your attorney’s municipality realigns street names or numbering. You file Form 39 to capture the new civic address so couriers and process servers can find the location.

Typical users

• Business owners managing their own extra‑provincial registration
• Corporate services teams at national companies
• Law firms that maintain clients’ records

Paralegals often handle the details. If you represent a regulated entity, you may also coordinate with compliance staff to ensure consistent addresses across filings. If you are the attorney for service, you may initiate the filing yourself, but make sure the company authorizes it and signs where required.

You also use this form to remedy record errors. If your initial appointment listed the wrong postal code or dropped the unit number, you should file Form 39 to correct it. If a process server has already reported difficulty delivering documents, treat this as urgent. Fixing the record can prevent a dispute about whether service was valid.

Timing matters. If you plan a move, prepare Form 39 in advance and file it immediately when the new address is active and staffed. If the change happens suddenly, file as soon as you can. Until the registry updates the record, the old address remains the official address for service. Keep a forwarding plan in place so that nothing gets missed during the transition.

Legal Characteristics of the Form 39 – Notice of Change of Address of Attorney

Form 39 is a statutory filing. It is legally binding because the governing legislation requires you to maintain an attorney for service with an accurate address in British Columbia. The registry relies on this filing to update the public record. Courts and regulators rely on that record to deliver documents. If service is attempted at the address on file, it can be deemed effective even if the attorney moved. That is why accuracy and prompt filing matter.

What ensures enforceability?

First, the form requires identification details that tie the filing to the right entity: the exact registered name, the BC registration or incorporation number, and the attorney’s full legal name. Second, it requires a delivery address for service that is a physical location in British Columbia. A PO Box is not enough for delivery. The address must allow hand delivery during business hours. If you include a separate mailing address, use it only for mail. Third, the form includes a certification by an authorized signatory. By signing, you confirm the information is complete and correct. False or misleading filings can trigger penalties.

The change does not become operative until the registry accepts and records it. Your effective date can be the date of the move, but the old address remains on the public record until the filing is processed. To bridge the gap, ensure the old address can still receive documents or use a mail redirect. Keep proof of filing and confirmation of acceptance. If a dispute arises about service, that evidence helps show when the record changed.

General legal considerations are straightforward. The attorney for service must be reachable at the delivery address in British Columbia. If the attorney no longer resides or maintains a delivery location in BC, you must appoint a new attorney for service. That is a different filing. Use Form 39 only for address changes, not to replace the attorney. If you are unsure whether your situation is an address change or an appointment change, check whether the person acting as attorney is the same. If the person changes, that is an appointment. If only the location changes, that is an address change.

Non-compliance carries risks. You may miss court deadlines if documents go to the wrong place. You may face administrative penalties for failing to keep records current. Your registration status can be affected, which can delay transactions like financing, mergers, or government licensing. Lenders and counterparties often request a current company summary before closing. An outdated attorney address can raise red flags and force last‑minute fixes.

Finally, remember that the registry’s public record is visible to third parties. Use the exact legal name and a clear, complete address. Include unit numbers, building names if needed, and a correct postal code. Consistency reduces service errors and protects your position in disputes about notice.

How to Fill Out a Form 39 – Notice of Change of Address of Attorney

Follow these steps to complete and file Form 39 correctly.

1) Confirm you are changing an address, not the attorney.

Start by confirming that the attorney for service remains the same person. If you are switching to a different attorney, you need the appointment form, not an address change. Use Form 39 only if the attorney’s name is unchanged and only the address changes.

2) Gather the required information.

Collect the details you will need for a clean, accurate filing:

• Exact legal name of the entity as it appears on the registry.
• BC registration or incorporation number.
• Jurisdiction of formation (for an extra‑provincial company, the home jurisdiction).
• Full legal name of the attorney for service.
• Current (old) address for service on the record.
• New delivery address for service in British Columbia.
• New mailing address, if different from the delivery address.
• Effective date of the change.
• Name, title, and contact details of the authorized signatory.
• A contact email and phone number for filing questions.

Have a copy of the existing company summary or last filed appointment handy to confirm how names and addresses appear today. Match formats to avoid mismatch issues.

3) Prepare the delivery address for service.

Enter the delivery address as a physical, street-level location in British Columbia. Do not use a PO Box for delivery. Include:

• Unit or suite number, if any.
• Street number and street name.
• City or municipality.
• Province (British Columbia).
• Postal code.

Check that the location is staffed or accessible during business hours. If the building requires a buzzer or concierge, ensure instructions are in place so process servers can reach the attorney. If the attorney works in a shared workspace, confirm that reception will accept legal documents and notify the attorney immediately.

4) Add a separate mailing address if needed.

If the attorney wants mail delivered to a different place (for example, a PO Box), enter that as the mailing address. The mailing address can be a PO Box. If the delivery and mailing addresses are the same, repeat the full address to make that clear.

5) Enter the effective date.

Use the date the new address becomes active and able to receive documents. Do not predate the form. If the move already happened, use the actual date of the move. Filing as close as possible to the effective date reduces the gap between reality and the public record.

6) Complete the entity identification fields.

Enter the exact legal name and the BC registration or incorporation number. Double‑check the spelling, punctuation, and spacing. Many rejections stem from minor name errors. If your entity uses a numbered name, use the full number as the legal name. If the form asks for the home jurisdiction, use the state, province, or country where the entity was formed.

7) Confirm the attorney’s name.

Enter the attorney for service’s full legal name. Use the same name in the same order of first, middle, and last names as shown on prior filings. Do not use nicknames or initials unless they match the prior record. If the attorney has had a legal name change, address that through the appropriate change‑of‑name process before or along with this filing, as required.

8) Review for accuracy and completeness.

Read every field again. Confirm that unit numbers are present, street types are correct (Street vs. Avenue), and the postal code matches the city. Ensure that the delivery address is in British Columbia. Verify that the effective date is reasonable and not in the future by more than is practical.

9) Prepare the certification and signatures.

Have an authorized signatory sign the form. This can be a director, officer, or another person with proper authority for the entity. Print the signer’s name and title below the signature. Date the signature. Some forms include a declaration that the information is true and complete. Read it and ensure you can sign it in good faith.

In most cases, you do not need the attorney for service to sign a new consent for an address change. If the form includes a field for the attorney’s acknowledgment of the new address, have the attorney sign and date that section as well. If the attorney is unavailable, pause and obtain that acknowledgment before filing. Do not sign on behalf of the attorney unless you have clear written authority to do so.

Notarization is not usually required for an address change. If your internal policy calls for witness signatures, have a colleague witness, and add their printed name and the date.

10) Attach any schedules only if necessary.

If the form supports schedules, use them only when the principal fields cannot hold the full address information. Do not add extra pages for explanations. Address changes should be simple and clear. One form typically covers one attorney. If you are updating multiple attorneys, prepare one form for each.

11) File the form with the registry.

Submit the completed Form 39 using the filing method accepted by the provincial registry. Pay the applicable fee. Keep proof of submission, such as a receipt or transaction confirmation. If you file by courier or mail, keep a copy of the package and a delivery confirmation. If you file electronically, download the confirmation page and any reference number.

12) Monitor and confirm acceptance.

Do not assume the change is live on submission. Wait for confirmation that the registry has accepted and recorded the change. Then verify the updated record by pulling a current company summary or profile. Confirm the delivery and mailing addresses appear exactly as you filed them. If anything is off, contact the registry promptly and submit a correction.

13) Put interim safeguards in place.

Until the change appears on the public record, maintain coverage at the old address. Arrange mail forwarding and instruct building staff to accept legal documents and notify you immediately. If the old address is no longer accessible, consider posting a notice at the old location directing process servers to the new address. Keep a log of all steps taken to ensure continuity of service.

14) Update your internal and external records.

Once the registry reflects the new address, update:

• Your internal corporate records and minute book.
• Any standard form contracts that reference the address for service.
• Insurance policies, lender records, and licensing accounts that require notice addresses.
• Litigation pleadings or ongoing matters that list the address for service.

Notify teams who interact with regulators or courts. Ensure your compliance calendar includes the change and the filing date.

15) Keep an audit trail.

File a complete copy set: the signed Form 39, proof of filing, and confirmation of acceptance. Add a memo noting why the change occurred and the effective date. Record who approved the change and when. This helps during future diligence, audits, or disputes about service.

Common mistakes

• Do not use a PO Box as the delivery address.
• Do not omit the unit number.
• Do not file for a date before the address is ready to receive documents.
• Do not assume the filing is effective immediately.
• Do not let the old location go dark until you confirm the update is live.
• Do not substitute a change-of-attorney filing for an address change, or vice versa.

Edge cases arise, and you can handle them with simple rules. If the attorney moves outside British Columbia, appoint a new attorney with a BC delivery address before or at the same time as the change. If the attorney resigns, file the appropriate resignation or replacement before using this form. If your entity merges or changes its own name, handle those filings separately; an address change for the attorney does not update your entity’s name.

You can complete Form 39 in one sitting if you have the details and a signer ready. The filing itself is short. The key is accuracy and follow‑through. Keep the address current, confirm acceptance, and maintain a clean record. That protects your company’s ability to receive legal notices and respond on time.

Legal Terms You Might Encounter

• Attorney of record means the lawyer currently listed on the court file as acting in the matter. Form 39 tells the court and all parties that the attorney of record now has a new address. You use the form to keep the court’s contact details up to date.
• Address for service is the official location where others can deliver court documents to you. On Form 39, you confirm the new address for service. This is the address others can rely on for deadlines and notices. If you list a mailing address only, ensure it accepts service under the rules for your matter.
• Party of record is any person or entity named in the case who must receive documents. When you submit Form 39, you serve it on every party of record. This ensures everyone knows how to reach you after the change.
• Style of proceeding (or caption) is the formal case heading. It includes the court level, file number, and the names of the parties. You must copy the style exactly onto Form 39. A mismatch can delay filing or confuse service.
• Court file number is the unique number assigned to the case. It appears on all documents, including Form 39. If the number is wrong or missing, the registry may not process your notice.
• Registry is the court office where the file is maintained. Form 39 should reference the correct registry tied to the case. If you submit to the wrong registry, the notice may not be entered in the file.
• Service means delivering a document to other parties in a way the rules allow. With Form 39, you complete service to notify others of your new address. Keep proof of service in case questions arise later.
• Effective date is the date your new address applies for service. Form 39 should make this clear. If you moved earlier, note that date. If the change is future-dated, mark the date you want it to start.
• Agent or co-counsel refers to another lawyer or firm assisting on the file. If your address changes and an agent continues to receive documents, say so clearly. Form 39 should still list your official address for service.
• Substitution of counsel is different from an address change. It replaces the attorney on record. Use Form 39 only to update your address. If you are leaving the file, follow the proper steps for a substitution or withdrawal.

FAQs

Do you need to file a separate Form 39 for each court file?

Yes. File one Form 39 for each case number you manage. A single notice rarely updates multiple files. Separate filings keep the record for each case accurate and traceable.

Do you need your client to sign Form 39?

No. This form updates your address as attorney of record. It is your notice, not the client’s. You usually sign and file it yourself. If you act for multiple clients on the same file, one signed notice is enough.

Do you need to serve every party after filing?

Yes. Serve all parties of record and any person entitled to service in the matter. Use the service method allowed in the case. Keep proof of service. If someone new is added to the file later, they will see your current address on the court record.

Do you include both a physical address and a mailing address?

If you receive service at a physical location, include it. If you prefer mail delivery, include a mailing address as well. If the rules require a physical address for service, list it even if you also provide a mailing address. Add email or fax only if you accept service at those channels.

Do you need to update the court if your firm name changed but the location did not?

Yes. If your letterhead or firm details changed, file a new notice. Others rely on your stated identity for service. Clear, current details prevent misdirected deliveries and missed deadlines.

Do you need to update the form again if you move shortly after filing?

Yes. Each address change requires a fresh notice. File the next Form 39 as soon as possible. Serve all parties again so they use the newest details.

Do you have to list your direct line or personal email?

No. Provide only the contact details you authorize for service and communication. If you accept service by email, list an address that you monitor and that your office can support.

Do you need to update closed files?

If a file is closed and no further steps are expected, you normally do not need a notice. That said, confirm the file’s status. If any post-judgment or enforcement steps are active, file a notice to avoid missed service.

Checklist: Before, During, and After the Form 39 – Notice of Change of Address of Attorney

Before signing

• Gather the exact style of proceeding for each file.
• Confirm the correct court file number and registry for each file.
• List all files that require an update. Check for related or companion files.
• Confirm your new address for service. Include unit numbers and postal codes.
• Decide if you will also accept service by email or fax. Confirm the service inbox.
• Confirm your effective date. Use a date you can support operationally.
• Verify the new firm name, if applicable. Match your letterhead and signatures.
• Identify all parties of record and their service addresses.
• Prepare your service list with the latest contact details.
• Set a timeline: filing date, service date, and follow-up date.
• Assign responsibility to a staff member for filing and service.
• Prepare proof-of-service forms or templates, if needed.
• Update your internal systems to switch addresses on the effective date.
• Plan mail redirection and phone routing so nothing is missed.

During signing

• Check the style of proceeding matches the last filed document.
• Verify the court file number and registry on every page.
• Confirm your name and role match how you appear on the record.
• Review the new address for typos, missing unit numbers, or postal codes.
• Add the effective date. Avoid ambiguous phrases like “effective immediately.”
• State whether you accept service by email or fax. List only monitored lines.
• If the firm name changed, ensure it appears consistently throughout.
• Sign in the correct capacity. Include your full name and title under the signature.
• Date the notice. Make sure the date is clear and readable.
• If required, add your bar or identification number where the form provides space.
• Ensure pages are numbered and in the order the registry expects.
• Conduct a final proofread. Ask a colleague to verify file details.

After signing

• File the notice with the correct registry for each file.
• Confirm acceptance. Note any registry feedback or corrections.
• Serve all parties of record using an allowed method.
• Create and save proof of service for each party.
• Update the service list in your document templates and precedents.
• Record the filing and service events in your case management system.
• Notify your client of the new address and effective date.
• Update your signature block, letterhead, and email footer.
• Update expert witnesses, process servers, and agents who work on the file.
• Monitor returns or delivery failures. Re-serve if needed.
• Audit a sample of files two weeks later to ensure documents are arriving.
• Archive the filed notice and proof of service in the electronic file.

Common Mistakes to Avoid Filling Out Form 39 – Notice of Change of Address of Attorney

• Using the wrong file number or style of proceeding. If the details do not match the court file, the registry may reject the filing. Even if accepted, other parties might not link your notice to the right case. Don’t forget to copy the caption from the most recent order or pleading.
• Leaving out the effective date. Without a clear date, parties may continue serving the old address. This can cause missed deadlines. Don’t forget to write a precise effective date and ensure your office is ready that day.
• Failing to serve all parties of record. If someone does not receive the notice, they will keep using old details. Service may land at your old address, leading to late responses or cost consequences. Don’t forget to update the entire service list.
• Listing an address you do not monitor for service. If you include an unattended mailbox or an unmonitored inbox, you may miss time-sensitive documents. Don’t forget to use channels you check daily and that your staff can backstop.
• Combining multiple files into one notice. This creates confusion and weakens the record. Each file should have its own Form 39. Don’t forget to file and serve separate notices for each case number.

What to Do After Filling Out the Form 39 – Notice of Change of Address of Attorney

1. File the notice. Submit Form 39 to the registry for each file. Confirm the registry accepts the form and attaches it to the correct case. If the registry flags an issue, correct it and refile without delay.
2. Serve all parties. Deliver the filed notice to every party of record and any person entitled to service. Use an accepted service method. If you authorize email service, send from an inbox you monitor. Track delivery and read receipts where possible.
3. Record proof of service. Keep affidavits, confirmations, mail receipts, or courier logs. Index them in the electronic file. Proof of service protects you if a party disputes notice of your address change.
4. Update your internal systems. Change the address in your case management system, invoice templates, and automated document headers. Update prefilled captions. Replace your signature block in standard letters and emails. Switch the address on bills and trust statements.
5. Notify your client. Send a short confirmation with the new address and effective date. Tell your client where to send original documents and payments. Remind them that the change does not affect strategy, deadlines, or representation.
6. Coordinate with third parties. Inform experts, mediators, court reporters, and process servers working on the file. Update standing instructions with agencies that hold records or schedule appearances.
7. Monitor deliveries. For the first month, check both the old and new channels. Use mail forwarding if available. Ask your receptionist to log any misdirected items. Re-serve any document that appears delayed or returned.
8. Handle errors quickly. If you find a typo or missing detail, file an amended Form 39. State the corrected address clearly. Serve the amended notice on all parties. Update your records so the corrected version is front and center.
9. Know when a different filing is needed. If you are leaving the file or changing representation, a substitution or withdrawal process applies. Form 39 is not used for that. Start the correct process as soon as the decision is made. Keep your client and the parties informed.
10. Document the change. Save the filed notice, proof of service, and any registry confirmation. Add a note to your file chronology. This makes audits faster and helps with future cost reviews.
11. Set reminders. Add follow-up dates to confirm deliveries and update any missed channels. Review a sample of active files in two to four weeks. Ensure all new documents arrive at the correct address.
12. Close the loop. Once you confirm all parties and systems reflect the new address, note completion in the file. Include the effective date and the date service was completed. This closes risk and helps with future transitions.