State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_55D > GS_55D-33

§ 55D‑33.  Service onentities.

(a)        Service of process,notice or demand required or permitted by law to be served on an entity may beserved on the registered agent required by G.S. 55D‑30.

(b)        When an entityrequired to maintain a registered office and registered agent under G.S. 55D‑30fails to appoint or maintain a registered agent in this State, or when itsregistered agent cannot with due diligence be found at the registered office,or when the Secretary of State revokes a certificate of authority or astatement of foreign registration of a foreign entity authorized to transactbusiness or conduct affairs in this State, the Secretary of State becomes anagent of the entity upon whom any such process, notice or demand may be served.Service on the Secretary of State of any such process, notice or demand is madeby delivering to and leaving with the Secretary of State or any clerkauthorized by the Secretary of State to accept service of process, duplicatecopies of the process, notice or demand and the applicable fee. In the eventany such process, notice or demand is served on the Secretary of State in themanner provided by this subsection, the Secretary of State shall immediatelymail one of the copies thereof, by registered or certified mail, return receiptrequested, to the entity at its principal office or, if there is no mailingaddress for the principal office on file, to the entity at its registeredoffice. Service on an entity under this subsection is effective for allpurposes from and after the date of the service on the Secretary of State.

(c)        The Secretary ofState shall keep a record of all processes, notices and demands served upon theSecretary of State under this section and shall record therein the date ofservice and the Secretary of State's action with reference thereto.

(d)        Nothing in thissection affects the right to serve any process, notice or demand required orpermitted by law to be served upon an entity in any other manner now orhereafter permitted by law. (1937, c. 133, ss. 1‑3; G.S., s. 55‑39;1955, c. 1371, s. 1; 1977, 2nd Sess., c. 1219, s. 33; 1989, c. 265, s. 1; 2000‑140,s. 43; 2001‑358, ss. 44, 45; 2001‑387, ss. 173, 175(a); 2001‑413,s. 6.)