Sec. 34-225. Service of process on statutory agent.
Sec. 34-225. 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 foreign limited liability company authorized to transact business in this
state which is subject to the provisions of section 34-224, may be served upon the foreign
limited liability company's statutory agent for service by any proper officer or other
person lawfully empowered to make service.
(b) When the Secretary of the State and the Secretary of the State's successors in
office have been appointed a foreign limited liability company's agent for service of
process, the foreign limited liability company may be served by any proper officer or
other person lawfully empowered to make service leaving two true and attested copies
of such process together with the required fee at the office of the Secretary of the State
or depositing the same in the United States mail, 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 foreign limited liability company at the address of the office designated
in the application for registration filed pursuant to section 34-223. Service so made shall
be effective as of the date and hour received by the Secretary of the State as shown on
the Secretary of the State's records. If it appears from the records of the Secretary of
the State that such a foreign limited liability company 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 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, service of such process, notice or demand on such foreign
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
mail, by registered or certified mail, postage prepaid, addressed to said office, and (2)
depositing in the United States mail, 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 liability company
at the address of the office designated in the articles of organization 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 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. 54; June Sp. Sess. P.A. 98-1, S. 27, 121; P.A. 01-188, S. 5.)
History: June Sp. Sess. P.A. 98-1 made technical changes in Subsec. (b), effective June 24, 1998; P.A. 01-188 amended
Subsec. (b) to delete redundant language, add provision that service is by any proper officer or other person lawfully
empowered to make service and make technical changes including changes for purposes of gender neutrality.