Proper service of legal documents is a foundational requirement in any litigation or regulatory process. In Lesotho, the rules governing service on companies, external (foreign) companies, shareholders, and creditors are set out in the Companies Act 2011. Failure to comply can render proceedings defective, delay enforcement, or expose parties to procedural challenges.
This guide explains how documents must be served, when service is deemed effective, and what options exist where service proves difficult, particularly in cross-border matters.
How to Serve Legal Documents on a Company in Lesotho
Documents Covered
The rules apply to formal court documents, including:
- Summonses
- Writs
- Notices
- Court orders
These documents must be served strictly in accordance with the Act.
Valid Methods of Service on a Company
A document may be lawfully served on a company by:
- Serving a registered director
Delivery to any person listed as a director on the company register. - Serving an authorised employee
Delivery to an employee authorised under the Articles of Incorporation to accept service, at the company’s:- registered office, or
- address for service.
- Court-directed service
Service in any manner specifically authorised by a court order. - Contractual service
Service in accordance with a method agreed to in a contract with the company (such as a shareholders’ or commercial agreement).
These alternatives provide flexibility while ensuring procedural certainty.
Service of Documents on External (Foreign) Companies
Foreign companies registered in Lesotho are subject to additional safeguards to ensure effective service.
Permitted Methods of Service
Documents may be served on an external company by:
- Delivery to a director listed on the external register;
- Delivery to a person registered as authorised to accept service in Lesotho;
- Delivery to an employee at the registered office or address for service;
- Service via the Registrar, where the authorised local representative cannot be located;
- Service in accordance with a court directive; or
- Service in terms of an agreement with the company.
Registrar-Assisted Service
If the authorised local representative cannot be found, documents may be delivered to the Registrar, who must forward them to the foreign address provided at registration. This prevents external companies from evading service through ineffective local presence.
Service of Non-Litigious Corporate Documents
Not all corporate documents relate to court proceedings. Notices, compliance communications, and statutory correspondence may be served more flexibly.
Accepted Methods
Such documents may be served by:
- Any method permitted for court documents;
- Posting to the registered office or address for service;
- Facsimile transmission; or
- Electronic mail.
This reflects modern commercial realities while maintaining legal certainty.
Service on Shareholders and Creditors
Natural Persons
Documents may be served on individual shareholders or creditors by:
- Personal delivery;
- Post to the last known address;
- Facsimile; or
- Email.
Corporate Shareholders and Creditors
Where the recipient is a company or external company, service must follow the rules applicable to companies.
Returned Documents in Insolvency Matters
If a liquidator’s notices are returned unclaimed three consecutive times, the liquidator is not required to send further documents until updated contact details are provided.
When Is Service Deemed Effective?
The Act creates important presumptions to prevent disputes about receipt.
- Postal service is deemed received five working days after posting (or earlier if directed by a court).
- Facsimile service is deemed received on the next working day.
- Proof of proper addressing, postage, and transmission is sufficient to prove service.
Exception: Non-Receipt Without Fault
A recipient may rebut deemed service by proving that, through no fault of their own, the document was not received within the prescribed time. This ensures fairness and protects due process.
Why Proper Service Matters
Incorrect or defective service can:
- Invalidate proceedings;
- Delay urgent relief;
- Undermine enforcement of judgments; and
- Increase legal costs.
For companies operating across borders, service errors are a common and costly risk.
How We Can Assist
Our firm regularly advises on:
- Service of summonses and court documents in Lesotho;
- Serving foreign and external companies;
- Court-authorised substituted service;
- Drafting enforceable contractual service clauses; and
- Cross-border litigation and regulatory compliance.
If you require assistance with serving documents on a company in Lesotho, or need urgent advice on proper service, contact our litigation team for practical, reliable support.