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Subdivision 1.Agent.
An agent for service of process appointed by a limited liability company or foreign limited liability company is an agent of the company for service of any process, notice, or demand required or permitted by law to be served on the company.
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Subd. 2.Secretary of state.
If a limited liability company or foreign limited liability company 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 street address, the secretary of state is an agent of the company upon whom process, notice, or demand may be served.
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Subd. 3.Record of service.
A process, notice, or demand required or permitted by law to be served upon a company may be served upon the secretary of state as provided in section 5.25.
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Subd. 4.Other law not affected.
This section does not affect the right to serve process, notice, or demand in any other manner provided by law.
Notes of Decisions
Bialota v. Lakota Lakes, LLC, 2024 S.D. 7 (S.D. 2024).
· cites it 2× “Minn. Stat. Ann. § 322C.0116(2). [¶20.] The record demonstrates that Lakota Lakes could not be found for service of process with reasonable diligence.”
ResCap Liquidating Trust v. LendingTree, LLC (D. Minnesota 2020).
· cites it 4× “) Defendants respond that a more restrictive interpretation of Minnesota’s statute for service of process on a limited liability company, Minn. Stat § 322C.0116, is required because the statute “does not expressly mention consent to personal jurisdiction.”
Cahoon v. L.B. White Co., LLC (D. Minnesota 2019).
· cites it 3× “Although Minnesota law permits a limited liability company to be served via a registered agent, see Minn. Stat. § 322C.0116, subd. 1, this provision of law expressly “does not affect the right to serve process, notice, or demand in any other manner provided by law,” Minn.”
Bialota v. Lakota Lakes, LLC, 2023 S.D. 55 (S.D. 2023).
· cites it 2× “Minn. Stat. Ann. § 322C.0116(2). [¶20.] The record demonstrates that Lakota Lakes could not be found for service of process with reasonable diligence.”
— Minn. Stat. § 322C.0116(2) — 2 cases
Bialota v. Lakota Lakes, LLC, 2024 S.D. 7 (S.D. 2024).
“Minn. Stat. Ann. § 322C.0116(2). [¶20.] The record demonstrates that Lakota Lakes could not be found for service of process with reasonable diligence.”
Bialota v. Lakota Lakes, LLC, 2023 S.D. 55 (S.D. 2023).
“Minn. Stat. Ann. § 322C.0116(2). [¶20.] The record demonstrates that Lakota Lakes could not be found for service of process with reasonable diligence.”
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