Sec. 34-105. Service of process on statutory agent.
Sec. 34-105. Service of process on 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 limited liability company which is subject to the provisions of section
34-104, may be served upon the limited liability company's statutory agent for service
by any proper officer or other person lawfully empowered to make service by leaving
a true and attested copy of the process, notice or demand with such agent or, in the case
of an agent who is a natural person, by leaving it at such agent's usual place of abode
in this state.
(b) If it appears from the records of the Secretary of the State that such a limited
liability company has failed to appoint or maintain a statutory agent for service, or if it
appears by affidavit endorsed on the return of the officer or other proper person directed
to serve any process, notice or demand upon such a limited liability company's statutory
agent for service appearing on the records of the Secretary of the State that such agent
cannot, with reasonable diligence, be found at the address shown on such records as the
agent's address, service of such process, notice or demand on such limited liability
company 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 limited liability company at its principal
office.
(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 contained in this section shall limit or affect the right to serve any
process, notice or demand required or permitted by law to be served upon a limited
liability company in any other manner permitted by law.
(P.A. 93-267, S. 6; 98-137, S. 30, 62; 98-219, S. 33, 34; June Sp. Sess. P.A. 98-1, S. 26, 121.)
History: P.A. 98-137 amended Subsec. (a) to specify that the manner of service is "by leaving a true and attested copy
of the process, notice or demand with such agent or, in the case of an agent who is a natural person, by leaving it at such
agent's usual place of abode in this state", effective July 1, 1998; P.A. 98-219 revised effective date of P.A. 98-137, but
without affecting this section; June Sp. Sess. P.A. 98-1 made a technical change in Subsec. (b), effective June 24, 1998.