347.030. Maintenance of office and agent for service of process--change of office or agent, filing, contents--effective, when--change upon filing by agent, contents--agent may resign, filing, contents
Maintenance of office and agent for service of process--change ofoffice or agent, filing, contents--effective, when--change upon filingby agent, contents--agent may resign, filing, contents.
347.030. 1. Each limited liability company shall have andcontinuously maintain in this state:
(1) A registered office which may be, but need not be, the same as aplace of its business in this state;
(2) A registered agent for service of any process, notice or demandrequired or permitted by law to be served upon the limited liabilitycompany, which agent may be either an individual, resident of this state,whose business office is identical with such registered office, or adomestic or foreign corporation authorized to do business in this state,and whose business office is identical with such registered office. Exceptas provided in this section and subdivision (5) of section 347.153, thesecretary shall not be appointed as the resident agent for any limitedliability company.
2. A limited liability company may, from time to time, change itsregistered agent or the address of its registered office. A limitedliability company shall change its registered agent if the office of itsregistered agent shall become vacant for any reason, if its registeredagent becomes disqualified or incapacitated to act, or if the limitedliability company revokes the appointment of its registered agent. Alimited liability company may change its registered agent or the address ofits registered office, or both, by a filing with the secretary, a statementsetting forth:
(1) The name of the limited liability company;
(2) The address, including street and number, if any, of its thenregistered office;
(3) If the address of its registered office is to be changed, theaddress, including street and number, if any, to which the registeredoffice is to be changed;
(4) The name of its then registered agent;
(5) If its registered agent is to be changed, the name of itssuccessor registered agent and the successor registered agent's writtenconsent to the appointment either on the statement or attached thereto;
(6) That the address of its registered office and the address of thebusiness office of its registered agent, as changed, will be identical; and
(7) That such change was authorized by the limited liability company.
3. The change of address of the registered office, or the change ofthe registered agent, or both, as the case may be, shall become effectiveupon the filing of such statement by the secretary.
4. If a registered agent changes the street address of his businessoffice, he may change the street address of the registered office of anylimited liability company for which he is the registered agent by notifyingthe limited liability company in writing of the change and signing, eithermanually or in facsimile, and delivering to the secretary of state forfiling a statement of change that complies with the requirements ofsubdivisions (1) to (6) of subsection 2 of this section and recites thatthe limited liability company has been notified of the change.
5. The change of an address of the registered office shall becomeeffective upon the filing of the statement by the secretary.
6. Any registered agent of a limited liability company may resign assuch agent by the filing with the secretary duplicate originals of astatement, on a form approved by the secretary, setting forth:
(1) The name of the limited liability company;
(2) The address, including street and number, if any, of its thenregistered office;
(3) The name of such registered agent; and
(4) A representation that such registered agent has given writtennotice of such agent's resignation and a copy of such statement to thelimited liability company. Such resignation shall become effective uponexpiration of thirty days after receipt of such statement by the secretary,or on the appointment of a new registered agent, whichever occurs earlier.
(L. 1993 S.B. 66 & 20 § 359.706, A.L. 1998 S.B. 844)