Sec. 34-38q. Foreign limited partnerships, service of process upon statutory agent.
Sec. 34-38q. Foreign limited partnerships, service of process upon statutory
agent. (a) Any process, notice or demand in connection with any action or proceeding
required or permitted by law to be served upon a foreign limited partnership authorized
to transact business in this state which is subject to the provisions of section 34-38p,
may be served upon the limited partnership's statutory agent for service by any proper
officer or other person lawfully empowered to make service.
(b) A foreign limited partnership's agent upon whom process may be served shall
be as follows: When the Secretary of the State and his successors have been appointed
such limited partnership's agent for service of process, by leaving two true and attested
copies thereof together with the required fee at the office of the Secretary of the State
or depositing the same in the United States mails, by registered or certified mail, postage
prepaid, addressed to said office. The Secretary of the State shall file one copy of such
process and keep a record of the date and hour of such receipt, and, within two business
days after such service, forward by registered or certified mail the other copy of such
process to the limited partnership at the address of the office designated in the certificate
of registration filed pursuant to section 34-38g, as last shown on his records. Service
so made shall be effective as of the date and hour received by the Secretary of the State
as shown on his records. If it appears from the records of the Secretary of the State that
such a foreign limited partnership has failed to appoint or maintain a statutory agent for
service, or if it appears by affidavit attached to the process, notice or demand of the
officer or other proper person directed to serve any process, notice or demand upon such
a foreign limited partnership's statutory agent for service appearing on the records of
the Secretary of the State that such agent cannot, with reasonable diligence, be found,
service of such process, notice or demand on such foreign limited partnership may,
when timely made, be made by such officer or other proper person by: (1) Leaving a
true and attested copy thereof together with the required fee at the office of the Secretary
of the State or depositing the same in the United States mails, by registered or certified
mail, postage prepaid, addressed to said office, and (2) depositing in the United States
mails, by registered or certified mail, postage prepaid, a true and attested copy thereof,
together with a statement by such officer that service is being made pursuant to this
section, addressed to such foreign limited partnership at the address of the office designated in the certificate of limited partnership in the state of formation as shown on the
records of such state.
(c) The Secretary of the State shall file the copy of each process, notice or demand
received by him as provided in subsection (b) of this section, and keep a record of the
day and hour of such receipt. Service made as provided in this section shall be effective
as of such day and hour.
(d) Nothing in this section contained shall limit or affect the right to serve any
process, notice or demand required or permitted by law to be served upon a limited
partnership in any other manner permitted by law.
(P.A. 86-379, S. 26; P.A. 87-589, S. 9, 87; P.A. 88-364, S. 51, 123; May Sp. Sess. P.A. 92-6, S. 105, 117; June Sp.
Sess. P.A. 98-1, S. 25, 121.)
History: P.A. 87-589 made technical change in Subsec. (b); P.A. 88-364 made a technical change to remove repeated
words; May Sp. Sess. P.A. 92-6 amended Subsec. (b) to delete the amount of the fees required at the submission of
documents; June Sp. Sess. P.A. 98-1 made technical changes in Subsec. (b), effective June 24, 1998.