The first step when a party has decided to sue a limited liability company LLC is to determine the best method for effectuating service of process on the LLC. This is also known as serving legal notice to the LLC of the lawsuit in a way that is proper notice under the laws.
The methods for service of process to a business entity like an LLC is set forth in the general service of process rules for each state and these can vary but in all states one confirmed method is by delivering the notice to the Registered Agent of the LLC.
The LLC laws specifically created the registered agent role to serve this purpose because with a legal entity, it may sometimes be difficult to determine who the members are or which persons are managing the business sufficiently to meet other service of process notice methods. Now, you need to check your specific state’s rules. For example, in Delaware, service of process delivered to a member is only good if that member materially participates in the management of the LLC business.
The safest route is to deliver service of process documents to the registered agent. With a registered agent service of process, you can obtain the name and address of a registered agent of any LLC formed or registered in a state by calling up the state’s corporation agency (this agency is called the Secretary of State in most states).
In addition to serving the registered agent, if you are aware of any member managers or executive officers of the LLC business, it is recommended you serve these persons as well. This means delivering papers to them personally and having them sign confirmation receipts.
Always check with the attorney in your state for proper service of process requirements.
