Sec. 34-104. Statutory agent for service.
Sec. 34-104. Statutory agent for service. (a) Each limited liability company shall
have and maintain a statutory agent for service in this state as provided in this section.
A statutory agent for service shall be: (1) A natural person who is a resident of this state;
(2) a domestic corporation; (3) a foreign corporation which has procured a certificate
of authority to transact business or conduct its affairs in this state; (4) a domestic limited
liability company; (5) a foreign limited liability company which has procured a certificate of registration to transact business or conduct its affairs in this state; (6) a domestic
registered limited liability partnership; (7) a registered limited liability partnership not
organized under the laws of this state and which has procured a certificate of authority
to transact business or conduct its affairs in this state; (8) a domestic statutory trust; or
(9) a statutory trust not organized under the laws of this state and which has procured
a certificate of registration to transact business or conduct its affairs in this state.
(b) A limited liability company's statutory agent for service shall be appointed by
filing with the Secretary of the State a written appointment in such form as the Secretary
of the State shall prescribe setting forth: (1) The name of the limited liability company;
(2) the name of the statutory agent for service; and (3) if the statutory agent is a natural
person, the business and residence addresses thereof; if the statutory agent is an entity
organized under the laws of this state, the address of the principal office thereof; if the
statutory agent is an entity not organized under the laws of this state, the address of the
principal office thereof in this state, if any. In each case, the address shall include the
street and number or other particular designation. Each written appointment shall also
be signed by the statutory agent for service therein appointed.
(c) If a statutory agent for service dies, dissolves, removes from the state or resigns,
the limited liability company shall forthwith appoint another statutory agent for service.
If the statutory agent for service changes his or its address within the state from that
appearing upon the record in the office of the Secretary of the State, the limited liability
company shall forthwith file with the Secretary of the State notice of the new address.
A statutory agent for service may resign by filing with the Secretary of the State a signed
statement in duplicate to that effect. The Secretary of the State shall forthwith file one
copy and mail the other copy of such statement to the limited liability company at its
principal office. Upon the expiration of thirty days after such filing, the resignation shall
be effective and the authority of such statutory agent for service shall terminate. A
limited liability company may revoke the appointment of a statutory agent for service
by making a new appointment as provided in this section and any new appointment so
made shall revoke all appointments theretofore made.
(P.A. 93-267, S. 5; P.A. 04-240, S. 14.)
History: P.A. 04-240 amended Subsec. (a) by adding Subdivs. (4) to (9) re limited liability companies, registered limited
liability partnerships and statutory trusts as agents for service and making conforming and technical changes and amended
Subsec. (b) by making conforming changes re entity as agent for service and making technical changes.