Del. C. » Title 6 — SUBTITLE II · Commerce and Trade · Subchapter I. General Provisions
Delaware Code

6 Del. C. § 18-109 (2026)

Service of process on managers and liquidating trustees [Effective Aug. 1, 2026]

✓ current as of May 2026
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(a) A manager or a liquidating trustee of a limited liability company may be served with process in the manner prescribed in this section in all civil actions or proceedings brought in the State of Delaware involving or relating to the business of the limited liability company or a violation by the manager or the liquidating trustee of a duty to the limited liability company or any member of the limited liability company, whether or not the manager or the liquidating trustee is a manager or a liquidating trustee at the time suit is commenced. A manager’s or a liquidating trustee’s serving as such constitutes such person’s consent to the appointment of the registered agent of the limited liability company (or, if there is none, the Secretary of State) as such person’s agent upon whom service of process may be made as provided in this section. Such service as a manager or a liquidating trustee shall signify the consent of such manager or liquidating trustee that any process when so served shall be of the same legal force and validity as if served upon such manager or liquidating trustee within the State of Delaware and such appointment of the registered agent (or, if there is none, the Secretary of State) shall be irrevocable. As used in this subsection (a) and in subsections (b), (c) and (d) of this section, the term “manager” refers (i) to a person who is a manager as defined in § 18-101 of this title and (ii) to a person, whether or not a member of a limited liability company, who, although not a “manager” as defined in § 18-101 of this title, participates materially in the management of the limited liability company; provided however, that the power to elect or otherwise select or to participate in the election or selection of a person to be a “manager” as defined in § 18-101 of this title shall not, by itself, constitute participation in the management of the limited liability company.

(b) Service of process shall be effected by serving the registered agent (or, if there is none, the Secretary of State) with 1 copy of such process in the manner provided by law for service of writs of summons. In the event service is made under this subsection upon the Secretary of State, the plaintiff shall pay to the Secretary of State a fee as prescribed by § 18-1105(a)(13) of this title for the use of the State of Delaware, which sum shall be taxed as part of the costs of the proceeding if the plaintiff shall prevail therein. In addition, the Prothonotary or the Register in Chancery of the court in which the civil action or proceeding is pending shall, within 7 days of such service, deposit in the United States mails, by registered mail, postage prepaid, true and attested copies of the process, together with a statement that service is being made pursuant to this section, addressed to such manager or liquidating trustee at the principal place of business of the limited liability company (if such address is known) and at the manager’s or liquidating trustee’s address last known to the party desiring to make such service.

(c) In any action in which any such manager or liquidating trustee has been served with process as hereinabove provided, the time in which a defendant shall be required to appear and file a responsive pleading shall be computed from the date of mailing by the Prothonotary or the Register in Chancery as provided in subsection (b) of this section; however, the court in which such action has been commenced may order such continuance or continuances as may be necessary to afford such manager or liquidating trustee reasonable opportunity to defend the action.

(d) In a written limited liability company agreement or other writing, a manager or member may consent to be subject to the nonexclusive jurisdiction of the courts of, or arbitration in, a specified jurisdiction, or the exclusive jurisdiction of the courts of the State of Delaware, or the exclusivity of arbitration in a specified jurisdiction or the State of Delaware, and to be served with legal process in the manner prescribed in such limited liability company agreement or other writing. Except by agreeing to arbitrate any arbitrable matter in a specified jurisdiction or in the State of Delaware, a member who is not a manager may not waive its right to maintain a legal action or proceeding in the courts of the State of Delaware with respect to matters relating to the organization or internal affairs of a limited liability company.

(e) Nothing herein contained limits or affects the right to serve process in any other manner now or hereafter provided by law. This section is an extension of and not a limitation upon the right otherwise existing of service of legal process upon nonresidents.

(f) The Court of Chancery and the Superior Court may make all necessary rules respecting the form of process, the manner of issuance and return thereof and such other rules which may be necessary to implement this section and are not inconsistent with this section.

68 Del. Laws, c. 434, §  1;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 77, §  6;  72 Del. Laws, c. 129, §  3;  72 Del. Laws, c. 389, §§  2, 3;  82 Del. Laws, c. 48, § 1;  83 Del. Laws, c. 379, § 2;  85 Del. Laws, c. 273, § 18; 
Notes of Decisions
Cited in 51 cases (28 in the last 5 years), 1999–2026 · leading case: Elf Atochem North Am., Inc. v. Jaffari, 727 A.2d 286 (Del. 1999).
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Elf Atochem North Am., Inc. v. Jaffari, 727 A.2d 286 (Del. 1999). “7 of the Agreement under 6 Del.C. § 18-109(d) Elf argues that Section 13.”
Aquent LLC v. Mary Stapleton & Italent LLC, 65 F. Supp. 3d 1339 (M.D. Fla. 2014). “” 6 Del.Code § 18-109(a). This statute refers to service of process on managers.”
RAMCO Asset Mgmt., LLC v. USA Rare Earth, LLC (Del. Ch. 2023). · cites it 16× “25 Specifically, 6 Del. C. § 18-109 provides the statutory basis for personal jurisdiction.”
CelestialRX Investments, LLC v. Joseph J. Krivulka (Del. Ch. 2019). · cites it 9× “§ 18- 109 Under 6 Del. C. § 18-109, Delaware Limited Liability Company Act’s implied consent statute: A manager .”
Metro Storage Int'l LLC v. Harron (Del. Ch. 2019). · cites it 7× “The plaintiffs argue that they properly served Harron under the implied consent provision in the Delaware Limited Liability Company Act (the “LLC Act”), 6 Del. C. § 18-109(a), which establishes a mechanism for serving process on a manager of an LLC.”
Lone Pine Resources, LP v. William S. Dickey (Del. Ch. 2021). · cites it 7× “The issued summons invoked both Section 3104 and 6 Del. C. § 18-109, the LLC consent statute.”
Dlayal Holdings, Inc. v. Al-Bawardi Dlayal Holdings, Inc. v. Rodger Gracey (Del. Ch. 2021). · cites it 6× “”43 Both Dlayal and Albawardi identify 6 Del. C. § 18-109(a) as the statutory basis for exercising personal jurisdiction over the Graceys.”
In re P3 Health Grp. Holdings, LLC (Del. Ch. 2022). · cites it 5× “Hudson argues that a valid means of service exists under the implied consent provision in the Delaware Limited Liability Company Act (the “LLC Act”), 6 Del. C. § 18-109(a), which establishes a mechanism for serving process on a manager of a limited liability company (“LLC”).”
Joseph Stanco v. Rallye Motors Holding, LLC (Del. Ch. 2019). · cites it 4× “Reading the LLC Agreement in light of 6 Del. C. § 18-109, I find that the parties to the LLC Agreement cannot have intended the waiver of Delaware venue for internal affairs litigation—a waiver enforceable (under the statute) only against managers—to apply to a member’s…”
IMO Dissolution of Arctic Ease (Del. Ch. 2016). · cites it 3× “15 The LLC Act contains an implied consent provision in 6 Del. C. § 18-109 that allows Delaware courts to exercise personal jurisdiction over parties who manage Delaware limited liability companies in actions “involving or relating to the business” of the company.”
IMO Dissolution of Arctic Ease (Del. Ch. 2016). · cites it 3× “15 The LLC Act contains an implied consent provision in 6 Del. C. § 18-109 that allows Delaware courts to exercise personal jurisdiction over parties who manage Delaware limited liability companies in actions “involving or relating to the business” of the company.”
Danny David Czarninski Baier v. Upper New York Inv. Co. LLC (Del. Ch. 2018). · cites it 3× “§ 3104 and 6 Del. C. § 18-109. I disagree. My analysis follows.”
Show all 51 citing cases →
— 6 Del. C. § 18-109(a) — 27 cases
Aquent LLC v. Mary Stapleton & Italent LLC, 65 F. Supp. 3d 1339 (M.D. Fla. 2014). “” 6 Del.Code § 18-109(a). This statute refers to service of process on managers.”
Metro Storage Int'l LLC v. Harron (Del. Ch. 2019). “The plaintiffs argue that they properly served Harron under the implied consent provision in the Delaware Limited Liability Company Act (the “LLC Act”), 6 Del. C. § 18-109(a), which establishes a mechanism for serving process on a manager of an LLC.”
Dlayal Holdings, Inc. v. Al-Bawardi Dlayal Holdings, Inc. v. Rodger Gracey (Del. Ch. 2021). “”43 Both Dlayal and Albawardi identify 6 Del. C. § 18-109(a) as the statutory basis for exercising personal jurisdiction over the Graceys.”
Lone Pine Resources, LP v. William S. Dickey (Del. Ch. 2021). “The issued summons invoked both Section 3104 and 6 Del. C. § 18-109, the LLC consent statute.”
In re P3 Health Grp. Holdings, LLC (Del. Ch. 2022). “Hudson argues that a valid means of service exists under the implied consent provision in the Delaware Limited Liability Company Act (the “LLC Act”), 6 Del. C. § 18-109(a), which establishes a mechanism for serving process on a manager of a limited liability company (“LLC”).”
— 6 Del. C. § 18-109(a)(i) — 1 case
CelestialRX Investments, LLC v. Joseph J. Krivulka (Del. Ch. 2019). “§ 18- 109 Under 6 Del. C. § 18-109, Delaware Limited Liability Company Act’s implied consent statute: A manager .”
— 6 Del. C. § 18-109(a)(ii) — 4 cases
Zync, Inc. v. Porsche Investments Mgmt., S.A. (Del. Ch. 2026).
CelestialRX Investments, LLC v. Joseph J. Krivulka (Del. Ch. 2019). “§ 18- 109 Under 6 Del. C. § 18-109, Delaware Limited Liability Company Act’s implied consent statute: A manager .”
Metro Storage Int'l LLC v. Harron (Del. Ch. 2019). “The plaintiffs argue that they properly served Harron under the implied consent provision in the Delaware Limited Liability Company Act (the “LLC Act”), 6 Del. C. § 18-109(a), which establishes a mechanism for serving process on a manager of an LLC.”
In re P3 Health Grp. Holdings, LLC (Del. Ch. 2022). “Hudson argues that a valid means of service exists under the implied consent provision in the Delaware Limited Liability Company Act (the “LLC Act”), 6 Del. C. § 18-109(a), which establishes a mechanism for serving process on a manager of a limited liability company (“LLC”).”
— 6 Del. C. § 18-109(b) — 2 cases
ATO Enter. of Delaware, LLC a/k/a ATO Enter. v. Jennifer Cabrera (Del. Ch. 2022).
Harris v. Harris (Del. Ch. 2023).
— 6 Del. C. § 18-109(d) — 7 cases
Elf Atochem North Am., Inc. v. Jaffari, 727 A.2d 286 (Del. 1999). “7 of the Agreement under 6 Del.C. § 18-109(d) Elf argues that Section 13.”
Joseph Stanco v. Rallye Motors Holding, LLC (Del. Ch. 2019). “Reading the LLC Agreement in light of 6 Del. C. § 18-109, I find that the parties to the LLC Agreement cannot have intended the waiver of Delaware venue for internal affairs litigation—a waiver enforceable (under the statute) only against managers—to apply to a member’s…”
Prieur Leary, III v. Coinmint, LLC & Coinmint Living Trust, LLC (Tex. App. 2022).
Composecure, L.L.C. v. CardUX, LLC f/k/a Affluent Card, LLC (Del. Ch. 2018).
Composecure, L.L.C. v. CardUX, LLC f/k/a Affluent Card, LLC (Del. Ch. 2018).
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