Sec. 1-50. Service of process on limited liability company.

537 words·~2 min read·/il/chapter-805/act-180/1-50

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Any process, notice, or demand required or permitted by law to be served upon either a limited liability company or foreign limited liability company shall be served either upon the registered agent appointed by the limited liability company or upon the Secretary of State as provided in this Section.

(b)The Secretary of State shall be irrevocably appointed as an agent of a limited liability company upon whom any process, notice, or demand may be served under any of the following circumstances:

(1)Whenever the limited liability company shall fail to appoint or maintain a

registered agent in this State.

(2)Whenever the limited liability company's registered agent cannot with reasonable

diligence be found at the registered office in this State or at the principal place of business stated in the articles of organization.

(3)When a limited liability company has dissolved, the conditions of paragraph

(1)and

paragraph

(2)exist, and a civil action, suit or proceeding is instituted against or affecting the limited liability company within 5 years after the issuance of a certificate of dissolution or the filing of a judgment of dissolution.

(4)When a domestic limited liability company has been dissolved, the conditions of

paragraph

(1)or paragraph

(2)exist, and a criminal proceeding has been instituted against or affecting the limited liability company.

(5)When the admission of a foreign limited liability company to transact business in

this State has been revoked or withdrawn.

(c)Service under subsection

(b)shall be made by the person instituting the action by doing all of the following:

(1)Serving on the Secretary of State, or on any employee having responsibility for

administering this Act, a copy of the process, notice, or demand, together with any papers required by law to be delivered in connection with service and paying the fee prescribed by Article 50 of this Act.

(2)Transmitting notice of the service on the Secretary of State and a copy of the

process, notice, or demand and accompanying papers to the limited liability company being served, by registered or certified mail:

(A)at the last registered office of the limited liability company shown by the

records on file in the Office of the Secretary of State; and

(B)at the address the use of which the person instituting the action, suit, or

proceeding knows or, on the basis of reasonable inquiry, has reason to believe, is most likely to result in actual notice.

(3)Attaching an affidavit of compliance with this Section, in substantially the form

that the Secretary of State may by rule or regulation prescribe, to the process, notice, or demand.

(d)Nothing herein contained 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 in any other manner now or hereafter permitted by law.

(e)The Secretary of State shall keep, for a period of 5 years from the date of service, a record of all processes, notices, and demands served upon him or her under this Section and shall record therein the time of the service and such person's action with reference thereto.