SB 1045
Clarifying when service of process on limited liability corporation by Secretary of State is sufficient
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- Passed Senate
- Passed House of Delegates
- To Governor
- Became Law
Bill overview
This bill clarifies how service of process can be handled for limited liability companies (LLCs) and corporations in West Virginia. Specifically, it states that if a company doesn’t have a registered agent or the agent cannot be found, the Secretary of State can be considered the agent for service of process. It also outlines the acceptable methods for serving process on the Secretary of State, including mail and electronic means, and specifies when such service is deemed sufficient, such as when a refusal of mail is documented or when mail is undeliverable.
Key provisions
- Service can be made by delivering process to the Secretary of State, the assistant Secretary, or clerk.
- Service by mail is permitted, with specific requirements for return receipts and notification to the company.
- Electronic notification methods, including electronic return receipts, are allowed.
- Service is deemed sufficient if a refusal of mail is documented or mail is deemed undeliverable by the postal service.
- The Secretary of State must file a copy of the process and notify the court clerk.
- The Secretary of State must maintain records of all served processes.
- This bill does not restrict other methods of service allowed by law.
Who is affected
- Limited Liability Companies (LLCs)
- Corporations
- The Secretary of State’s Office
- Courts
- Legal Defendants
Notable changes
- Defines specific conditions under which service by the Secretary of State is considered valid.
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