347.033. Service upon agent deemed service on company--service upon organizer--secretary of state deemed agent of company, when.
Service upon agent deemed service on company--service uponorganizer--secretary of state deemed agent of company, when.
347.033. 1. The registered agent so appointed by a limitedliability company shall be an agent of such limited liabilitycompany upon whom any process, notice or demand required orpermitted by law to be served upon the limited liability companymay be served, and which, when so served, shall be lawfulpersonal service on the limited liability company.
2. In lieu of service upon the registered agent, process,notice or demand may be served upon an authorized person or inthe event neither the registered agent nor an authorized personcan be located in the exercise of due diligence, process, noticeor demand may be served upon an organizer.
3. In the event that a limited liability company shall failto appoint or maintain a registered agent in this state or in theevent neither the registered agent, an authorized person, nor anorganizer for the limited liability company can be located in theexercise of due diligence, then the secretary, as long as suchdefault exists, shall be automatically appointed as an agent ofsuch limited liability company upon whom any process, notice, ordemand required or permitted by law to be served upon the limitedliability company may be served. Service on the secretary of anyprocess, notice or demand against a limited liability companyshall be made by delivering to and leaving with the secretary, orwith any clerk having charge of the limited liability companydepartment of the secretary, a copy of such process, notice ordemand. In the event that any process, notice or demand isserved on the secretary, the secretary shall immediately cause acopy thereof to be forwarded by registered mail, to the addressfor any organizer as set forth in the articles of organization.The secretary shall keep copies of any process, notice or demandserved upon the secretary pursuant to sections 347.010 to 347.187for a period of five years. Nothing contained in this sectionshall limit or affect the right to serve any process, notice ordemand required or permitted by law to be served upon a limitedliability company in any other manner now or hereafter permittedby law.
(L. 1993 S.B. 66 & 20 § 359.708)Effective 12-1-93