8.01-513 - Service upon corporation or limited liability company.
§ 8.01-513. Service upon corporation or limited liability company.
A. If the person upon whom there is a suggestion of liability as provided in§ 8.01-511 is a corporation, the summons shall be served upon an officer, anemployee designated by the corporation other than an officer of thecorporation, or, if there is no designated employee or the designatedemployee cannot be found, upon a managing employee of the corporation otherthan an officer of the corporation. If the judgment creditor or his attorneyfiles with the court a certificate that he has used due diligence and that(i) no such officer or employee or other person authorized to accept suchservice can be found within the Commonwealth or (ii) such designated ormanaging employee found is also the judgment debtor, then such summons shallbe served on the registered agent of the corporation or upon the clerk of theState Corporation Commission as provided in §§ 13.1-637, 13.1-766, 13.1-836and 13.1-928. However, service on the corporation shall not be made upon adesignated or managing employee who is also the judgment debtor. If thecorporation intends to designate an employee for service, the corporationshall file a designation with the State Corporation Commission.
B. If the person upon whom there is a suggestion of liability as provided in§ 8.01-511 is a limited liability company, the summons shall be served upon amember, manager, or employee designated by the limited liability company forthe purpose of such service or, if there is no designated member, manager, oremployee, or the designated member, manager, or employee cannot be found,upon a managing employee of the limited liability company. If the judgmentcreditor or his attorney files with the court a certificate that he has useddue diligence and that (i) no such member, manager, or employee or otherperson authorized to accept such service can be found within the Commonwealthor (ii) such designated member, manager, employee, or managing employee foundis also the judgment debtor, then such summons shall be served on theregistered agent of the limited liability company or upon the clerk of theState Corporation Commission as provided in § 13.1-1018. However, service onthe limited liability company shall not be made upon a designated member,manager, employee, or managing employee who is also the judgment debtor. Ifthe limited liability company intends to designate a member, manager, oremployee for service, the limited liability company shall file a designationwith the State Corporation Commission.
C. For the purposes of this section, "managing employee" means an employeecharged by the corporation or the limited liability company, as applicable,with the control of operations and supervision of employees at the businesslocation of such corporation or limited liability company where process issought to be served.
(Code 1950, § 8-441.2; 1974, c. 561; 1977, c. 617; 1980, c. 514; 1997, c.395; 1998, cc. 723, 737; 2004, c. 231; 2006, c. 912.)