Ark. Code Ann. § 4-47-114 (2020)
Office and agent for service of process
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A limited partnership shall designate and continuously maintain in this State:
- an office, which need not be a place of its activity in this State; and
- an agent for service of process.
- A foreign limited partnership shall designate and continuously maintain in this State an agent for service of process.
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The Model Registered Agents Act, § 4-20-101 et seq.:
- Governs the appointment, authority, powers, duties, termination of appointment, and all other provisions concerning an agent for service of process of a limited partnership or foreign limited partnership; and
- May be used to obtain service of process upon a limited partnership or foreign limited partnership.
History. Acts 2009, No. 814, § 8.
A.C.R.C. Notes. Pursuant to § 1-2-207, the repeal of § 4-47-114 by Acts 2007, No. 638, § 57, supersedes its enactment by Acts 2007, No. 15. Section 4-47-114 was enacted by Acts 2007, No. 15, § 1, to read as follows:
“4-47-114. Office and agent for service of process.
“(a) A limited partnership shall designate and continuously maintain in this State:
“(1) an office, which need not be a place of its activity in this State; and
“(2) an agent for service of process.
“(b) A foreign limited partnership shall designate and continuously maintain in this State an agent for service of process.
“(c) An agent for service of process of a limited partnership or foreign limited partnership must be an individual who is a resident of this State or other person authorized to do business in this State.”
Pursuant to § 1-2-207, the repeal of § 4-47-115 by Acts 2007, No. 638, § 57 supersedes its enactment by Acts 2007, No. 15, § 1. Section 4-47-115 was enacted by Acts 2007, No. 15, § 1 to read as follows:
“4-47-115. Change of designated office or agent for service of process.
“(a) In order to change its designated office, agent for service of process, or the address of its agent for service of process, a limited partnership or a foreign limited partnership may deliver to the Secretary of State for filing a statement of change containing:
“(1) the name of the limited partnership or foreign limited partnership;
“(2) the street and mailing address of its current designated office;
“(3) if the current designated office is to be changed, the street and mailing address of the new designated office;
“(4) the name and street and mailing address of its current agent for service of process; and
“(5) if the current agent for service of process or an address of the agent is to be changed, the new information.
“(b) Subject to § 4-47-206(c), a statement of change is effective when filed by the Secretary of State.”
Pursuant to § 1-2-207, the repeal of § 4-47-116 by Acts 2007, No. 638, § 57 supersedes its enactment by Acts 2007, No. 15, § 1. Section 4-47-116 was enacted by Acts 2007, No. 15, § 1 to read as follows:
“4-47-116. Resignation of agent for service of process.
“(a) In order to resign as an agent for service of process of a limited partnership or foreign limited partnership, the agent must deliver to the Secretary of State for filing a statement of resignation containing the name of the limited partnership or foreign limited partnership.
“(b) After receiving a statement of resignation, the Secretary of State shall file it and mail a copy to the designated office of the limited partnership or foreign limited partnership and another copy to the principal office if the address of the office appears in the records of the Secretary of State and is different from the address of the designated office.
“(c) An agency for service of process is terminated on the 31st day after the Secretary of State files the statement of resignation.”
Pursuant to § 1-2-207, the repeal of § 4-47-117 by Acts 2007, No. 638, § 57 supersedes its enactment by Acts 2007, No. 15, § 1. Section 4-47-117 was enacted by Acts 2007, No. 15, § 1 to read as follows:
“4-47-117. Service of process.
“(a) An agent for service of process appointed by a limited partnership or foreign limited partnership is an agent of the limited partnership or foreign limited partnership for service of any process, notice, or demand required or permitted by law to be served upon the limited partnership or foreign limited partnership.
“(b) If a limited partnership or foreign limited partnership does not appoint or maintain an agent for service of process in this State or the agent for service of process cannot with reasonable diligence be found at the agent's address, the Secretary of State is an agent of the limited partnership or foreign limited partnership upon whom process, notice, or demand may be served.
“(c) Service of any process, notice, or demand on the Secretary of State may be made by delivering to and leaving with the Secretary of State duplicate copies of the process, notice, or demand. If a process, notice, or demand is served on the Secretary of State, the Secretary of State shall forward one of the copies by registered or certified mail, return receipt requested, to the limited partnership or foreign limited partnership at its designated office.
“(d) Service is effected under subsection (c) at the earliest of:
“(1) the date the limited partnership or foreign limited partnership receives the process, notice, or demand;
“(2) the date shown on the return receipt, if signed on behalf of the limited partnership or foreign limited partnership; or
“(3) five days after the process, notice, or demand is deposited in the mail, if mailed postpaid and correctly addressed.
“(e) The Secretary of State shall keep a record of each process, notice, and demand served pursuant to this section and record the time of, and the action taken regarding, the service.
“(f) This section does not affect the right to serve process, notice, or demand in any other manner provided by law.”
Publisher's Notes. These sections, concerning agents for service of process, were repealed by Acts 2007, No. 638, § 57. They were derived from the following sources:
4-47-114. Acts 2007, No. 15, § 1.
4-47-115. Acts 2007, No. 15, § 1.
4-47-116. Acts 2007, No. 15, § 1.
4-47-117. Acts 2007, No. 15, § 1.
Effective Dates. Acts 2007, No. 638 § 70 provided: “Effective date. This act takes effect September 1, 2007.”