§ 57C-2-43. Service on limited liability company. - North Carolina Statutes

§57C‑2‑43.  Service on limited liability company.

(a)        A limited liabilitycompany's registered agent is an agent of the limited liability company forservice of process, notice, or demand required or permitted by law to be servedon the limited liability company.

(b)        Whenever a limitedliability company shall fail to appoint or maintain a registered agent in thisState, or whenever its registered agent cannot with due diligence be found atthe registered office, then the Secretary of State shall be an agent of thelimited liability company upon whom any process, notice, or demand may beserved. Service on the Secretary of State of any such process, notice, ordemand shall be made by delivering to and leaving with the Secretary of Stateor with any clerk authorized by the Secretary of State to accept service ofprocess, duplicate copies of the process, notice, or demand and the feerequired by G.S. 57C‑1‑22(b). In the event any such process,notice, or demand is served on the Secretary of State in the manner providedfor in this section, the Secretary of State shall immediately mail one of thecopies thereof, by registered or certified mail, return receipt requested, tothe limited liability company at its principal office or, if there is nomailing address for the principal office on file, to the limited liabilitycompany at its registered office. Service on a limited liability company underthis subsection shall be effective for all purposes from and after the date ofthe service on the Secretary of State.

(c)        The Secretary ofState shall keep a record of all processes, notices, and demands served uponthe Secretary of State under this section and shall record therein the time ofthe service and his action with reference thereto.

(d)        Nothing hereincontained shall limit or affect the right to serve any process, notice, ordemand required or permitted by law to be served upon a limited liabilitycompany in any other manner now or hereafter permitted by law. (1993,c. 354, s. 1; 2000‑140, s. 49.)