§ 18-105. Service of process on domestic limited liability companies, DE ST TI 6 § 18-105
`
`West's Delaware Code Annotated
`Title 6. Commerce and Trade
`Subtitle II. Other Laws Relating to Commerce and Trade
`Chapter 18. Limited Liability Company Act
`Subchapter I. General Provisions
`
`6 Del.C. § 18-105
`
`§ 18-105. Service of process on domestic limited liability companies
`
`Effective: August 2, 2010
`Currentness
`
`(a) Service of legal process upon any domestic limited liability company shall be made by delivering a copy personally to any
`manager of the limited liability company in the State of Delaware or the registered agent of the limited liability company in the
`State of Delaware, or by leaving it at the dwelling house or usual place of abode in the State of Delaware of any such manager
`or registered agent (if the registered agent be an individual), or at the registered office or other place of business of the limited
`liability company in the State of Delaware. If the registered agent be a corporation, service of process upon it as such may be
`made by serving, in the State of Delaware, a copy thereof on the president, vice-president, secretary, assistant secretary or any
`director of the corporate registered agent. Service by copy left at the dwelling house or usual place of abode of a manager or
`registered agent, or at the registered office or other place of business of the limited liability company in the State of Delaware,
`to be effective, must be delivered thereat at least 6 days before the return date of the process, and in the presence of an adult
`person, and the officer serving the process shall distinctly state the manner of service in the officer's return thereto. Process
`returnable forthwith must be delivered personally to the manager or registered agent.
`
`(b) In case the officer whose duty it is to serve legal process cannot by due diligence serve the process in any manner provided for
`by subsection (a) of this section, it shall be lawful to serve the process against the limited liability company upon the Secretary of
`State, and such service shall be as effectual for all intents and purposes as if made in any of the ways provided for in subsection
`(a) of this section. Process may be served upon the Secretary of State under this subsection by means of electronic transmission
`but only as prescribed by the Secretary of State. The Secretary of State is authorized to issue such rules and regulations with
`respect to such service as the Secretary of State deems necessary or appropriate. In the event that service is effected through the
`Secretary of State in accordance with this subsection, the Secretary of State shall forthwith notify the limited liability company
`by letter, directed to the limited liability company at its address as it appears on the records relating to such limited liability
`company on file with the Secretary of State or, if no such address appears, at its last registered office. Such letter shall be sent
`by a mail or courier service that includes a record of mailing or deposit with the courier and a record of delivery evidenced
`by the signature of the recipient. Such letter shall enclose a copy of the process and any other papers served on the Secretary
`of State pursuant to this subsection. It shall be the duty of the plaintiff in the event of such service to serve process and any
`other papers in duplicate, to notify the Secretary of State that service is being effected pursuant to this subsection, and to pay
`the Secretary of State the sum of $50 for the use of the State of Delaware, which sum shall be taxed as part of the costs in the
`proceeding if the plaintiff shall prevail therein. The Secretary of State shall maintain an alphabetical record of any such service
`setting forth the name of the plaintiff and defendant, the title, docket number and nature of the proceeding in which process
`has been served upon the Secretary, the fact that service has been effected pursuant to this subsection, the return date thereof,
`and the day and hour when the service was made. The Secretary of State shall not be required to retain such information for a
`period longer than 5 years from the Secretary's receipt of the service of process.
`
`Credits
`68 Laws 1992, ch. 434, § 1; 70 Laws 1995, ch. 186, § 1, eff. July 10, 1995; 77 Laws 2010, ch. 287, § 2, eff. Aug. 2, 2010.
`
` © 2015 Thomson Reuters. No claim to original U.S. Government Works.
`
`1
`
`

`
`§ 18-105. Service of process on domestic limited liability companies, DE ST TI 6 § 18-105
`
`6 Del.C. § 18-105, DE ST TI 6 § 18-105
`Current through 80 Laws 2015, ch. 194. Revisions to 2015 Acts by the Delaware Code Revisors were unavailable at the time
`of publication.
`
`End of Document
`
`© 2015 Thomson Reuters. No claim to original U.S. Government Works.
`
` © 2015 Thomson Reuters. No claim to original U.S. Government Works.
`
`2