A. A domestic or foreign limited liability company's registered agent is the limited liability company's agent for service of process, notice, or demand required or permitted by law to be served on the limited liability company. The registered agent may by instrument in writing, acknowledged before a notary public, designate a natural person or persons in the office of the registered agent upon whom any such process, notice or demand may be served. Whenever any such person accepts service of process, a photographic copy of such instrument shall be attached to the return.
B. Whenever a domestic or foreign limited liability company fails to appoint or maintain a registered agent in this Commonwealth, or whenever its registered agent cannot with reasonable diligence be found at the registered office, then the clerk of the Commission shall be an agent of the limited liability company upon whom service may be made in accordance with § 12.1-19.1.
C. This section does not prescribe the only means, or necessarily the required means, of serving a domestic or foreign limited liability company.
1991, c. 168; 2001, cc. 517, 541.
Notes of Decisions
Michael Grecco Prods., Inc. v. Black Connections LLC (E.D. Va. 2024).
· cites it 14× “”’ Va. Code § 13.1-1018, in turn, provides that where an LLC’s registered agent cannot be found with “reasonable diligence”, a party may treat “the clerk of the Commission” as the LLC’s agent for purposes of service, and service “may be made in accordance with § 12.”
Gomez v. Midlo Floors LLC (E.D. Va. 2024).
· cites it 10× “Gomez’s Complaint, deemed 9 Va. Code § 13.1-1018 provides that for corporations, partnerships, or associations, service may be effected by serving its registered agent.”
The Med. Soc'y of Virginia v. Safe Haven Behavioral Health & Wellness, LLC (E.D. Va. 2025).
· cites it 10× “, 2015 WL 3545927 , at *1-2 (stating that prior to entering a default judgment, a court must ensure that it has subject matter jurisdiction, personal jurisdiction 7 Va. Code § 13.1-1018 provides that for corporations, partnerships, or associations, service may be effected by…”
McCall v. Flagship Credit Acceptance (W.D. Va. 2022).
· cites it 4× “Rather, Lando must have been either Flagship’s registered agent for service, see Va. Code Ann. § 13.1-1018 , or an individual who is authorized—either explicitly or implicitly—to accept service of process on a defendant’s behalf, see id.”
Ivonee Cedeno v. For Every Body, LLC (Va. Ct. App. 2024).
· cites it 2× “Ineffective Service Rendered Default Judgment Void Prior to entry of the default judgment in the instant matter, appellant sought to serve FEB only by substituted service through the clerk of the SCC, pursuant to the relevant provisions in Code §§ 13.1-1018, 13.1-1057,…”
Williams Co. Se. v. Solar Eclipse Window Coverings, LLC (W.D. Va. 2025).
· cites it 2× “) After the process server’s unsuccessful attempts, Williams Company sought to serve the clerk of the State Corporation Commission of Virginia pursuant to Va. Code Ann. § 13.1-1018 (B), which allows the clerk of the Commission to be deemed “an agent of the limited liability…”
Michael Grecco Prods., Inc. v. Black Connections LLC (E.D. Va. 2025).
“1-836, and on limited liability companies in accordance with § 13.1-1018; or 3. If the address of the registered office of the corporation or limited liability company is a single-family residential dwelling, by substituted service on the registered agent of the corporation or…”
Va. Code Ann. § 13.1-1018(B): 1 case
McCall v. Flagship Credit Acceptance (W.D. Va. 2022).
“Rather, Lando must have been either Flagship’s registered agent for service, see Va. Code Ann. § 13.1-1018 , or an individual who is authorized—either explicitly or implicitly—to accept service of process on a defendant’s behalf, see id.”
Va. Code Ann. § 13.1-1018(C): 1 case
McCall v. Flagship Credit Acceptance (W.D. Va. 2022).
“Rather, Lando must have been either Flagship’s registered agent for service, see Va. Code Ann. § 13.1-1018 , or an individual who is authorized—either explicitly or implicitly—to accept service of process on a defendant’s behalf, see id.”
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