§428-110 - Service of process.
§428-110 Service of process. (a)
Service of any notice or process authorized by law that is issued against a
domestic or foreign limited liability company by any court, judicial or
administrative officer, or board, may be made in the manner provided by law
upon any registered agent, manager, if the company is manager-managed, or upon
any member if the company is member-managed, who is found within the
jurisdiction of the court, officer, or board; or if any registered agent,
manager, or member cannot be found, upon any person who is found in charge of
the property, business, or office of the company within the jurisdiction of the
court, officer, or board.
(b) If no manager, member, or other person in
charge of the property, business, or office of the limited liability company
can be found within the State, and the limited liability company has not filed
with the director pursuant to this chapter, the name of a registered agent upon
whom legal notice and process from the courts of the State may be served, or
the person named is not found within the State, service may be made upon the
limited liability company by registered or certified mail, return receipt
requested, addressed to the limited liability company at its principal office.
(c) Service by registered or certified mail is
perfected at the earliest of:
(1) The date the company receives the mail;
(2) The date shown on the return receipt, if signed
on behalf of the company; or
(3) Five days after its deposit in the United States mail, as evidenced by the postmark, if mailed postpaid and correctly
addressed.
(d) Nothing contained herein 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 or foreign limited
liability company in any other manner permitted by law. [L 1996, c 92, pt of
§1; am L 2001, c 129, §90; am L 2003, c 124, §72; am L 2006, c 184, §33]