CHAPTER 807
PROCEEDINGS AGAINST CORPORATIONS

Referred to in §801.1

  
     
807.1  Summons upon a complaint against a corporation, by whom issued, and when returnable.
  Upon the filing of a complaint against a corporation, the magistrate shall issue a summons, signed by the magistrate, requiring the corporation to appear before the magistrate, at a specified time and place, to answer the charge, the time to be not less than twenty days after the issuing of the summons.
[C79, 81, §807.1]

     
807.2  Form of the summons.
  The summons may be in substantially the following form:
  County of ........................ (as the case may be).

  In the name of the people of the State of Iowa:

To the (naming the corporation).

  You are hereby summoned to appear before me, at (naming the place) on (specifying the day and hour), to answer a charge made against you, upon the complaint of A.B., for (designating the offense, generally).

  Dated at the city of ........................, the ............ day of ...................., ............

  G.H. Magistrate

  (or as the case may be).
[C79, 81, §807.2]

     
807.3  When and how served.
  The summons for the appearance of a corporation shall be served in the manner provided for service of original notice upon a corporation in a civil action.
[C79, 81, §807.3]

     
807.4  Examination of the charge.
  At the time appointed in the summons, the magistrate shall proceed to investigate the charge, in the same manner as in the case of a natural person brought before the magistrate, so far as those proceedings are applicable. If the corporation does not appear or plead at the time and place specified in the summons, the court shall make inquiry into the service of process, and being satisfied that same has been carried out as provided herein, the court may proceed with the matter without further process.
[C79, 81, §807.4]

     
807.5  Bringing an indicted corporation into court.
  When an indictment or a trial information is filed against any corporation, such corporation shall be arraigned thereon. Prior to arraignment the court shall proceed as follows:
  1.  The clerk of the court wherein such indictment is found or the information filed, or the judge, must issue a summons signed by the clerk or judge with the clerk’s or judge’s name of office, requiring such corporation to appear and plead to the indictment, at a time and place to be specified in such summons, such time to be not less than twenty days after the issue thereof. The summons may be substantially in the following form:
  District Court, ........................ County.

  The People of the State of Iowa vs. The A.B. Company,

  You are hereby summoned to appear in this court at (naming the place) on (stating the day and hour), and plead to an indictment filed against you by the grand jury of this county, on the ............ day of ...................., charging you with the crime of (designating the offense, generally), and in case of your failure to so appear and answer, judgment will be pronounced against you.

  Dated at the city of ........................, the ............ day of ...................., .............

C.D.,

Clerk of the District Court.

(or by order of the court)
  2.  The summons shall be served at least ten days before the appearance fixed therein, in the same manner as is provided for the service of an original notice upon a corporation in a civil action; and if the corporation does not appear or plead at the time and place specified in the summons, the court may proceed to trial and judgment without further process.
  3.  Nothing contained in this section shall be construed as preventing the appearance of a corporation by counsel to plead to an indictment, with or without the issuance or service of the summons provided herein. And when an indictment shall have been filed against a corporation it may voluntarily appear and plead to the same by counsel duly authorized to so appear for it.
[C79, 81, §807.5]
Referred to in §602.8102(128)

     
807.6  Collection of fines.
  When a corporation is convicted of an offense and the court imposes a fine as penalty, it may be collected in the same manner as a judgment in a civil action.
[C79, 81, §807.6]

     
807.7  Attachment.
  Upon the filing of a complaint or indictment, the court wherein same is filed shall have authority to issue a writ of attachment to secure the maximum fine allowable by law for the offense charged, and costs.
[C79, 81, §807.7]