§ 7-16-50.1. Service of process on foreign limited liability company.
(a) The resident agent appointed by a foreign limited liability company authorized to
transact business in this state is an agent of the limited liability company upon
whom any process, notice, or demand required or permitted by law to be served upon
the corporation may be served.
(b) Whenever a foreign limited liability company authorized to transact business in this
state fails to appoint or maintain a resident agent in this state; or whenever any
resident agent cannot with reasonable diligence be found at the registered office;
or whenever the certificate of authority of a foreign limited liability company is
suspended or revoked, the secretary of state is an agent of the foreign limited liability
company upon whom any process, notice, or demand may be served. Service on the secretary
of state of any process, notice, or demand must be made by delivering to and leaving
with him or her, or with any clerk having charge of the corporation department of
his or her office, duplicate copies of the process, notice, or demand. In the event
any process, notice, or demand is served on the secretary of state, the secretary
of state shall immediately forward one of the copies by registered mail, addressed
to the foreign limited liability company at its principal office if known to him or
her, in the state or country under the laws of which it was organized. Any service
had in this manner on the secretary of state is returnable in not less than thirty
(30) days.
(c) Every foreign limited liability company as a condition precedent to carrying on business
in this state must, and by so carrying on business in this state does, consent that
any process, including the process of garnishment, may be served upon the secretary
of state in the manner provided by this section, except that notice of the service
must be given by the plaintiff or his or her attorney in the manner as the court in
which the action is commenced or pending orders as affording the corporation reasonable
opportunity to defend the action or to learn of the garnishment. Notwithstanding the
preceding requirements, however, once service has been made on the secretary of state
as provided, the court has the authority in the event of failure to comply with the
requirement of notice to the foreign limited liability company to order notice that
is sufficient to apprise it of the pendency of the action against it, and additionally,
may extend the time for answering by the foreign limited liability company.
(d) The secretary of state shall keep a record of all processes, notices, and demands
served upon him or her under this section, and record in the record the time of the
service and his or her action on it. The secretary of state shall not be required
to retain such information for a period longer than five (5) years from receipt of
the service of process.
(e) Nothing contained in these provisions limits or affects the right to serve any process,
notice or demand, required or permitted by law to be served upon a foreign limited
liability company in any manner now or subsequently permitted by law.