This bill aims to amend and clarify the provisions regarding the service of process on limited liability companies and corporations in West Virginia. It specifies that if a limited liability company or corporation fails to maintain a registered agent, the Secretary of State can serve as the agent for process, notice, or demand. The bill outlines the procedures for serving documents to the Secretary of State, including the requirement to deliver the original documents and two copies, along with the appropriate fee. It also establishes that service is considered sufficient under certain conditions, such as when the return receipt is signed by an agent or employee of the company, or if the mail is refused or undeliverable.

Additionally, the bill introduces new language to clarify the responsibilities of the Secretary of State upon receiving service of process. It mandates that the Secretary of State must notify the court's clerk's office after verifying service and allows for the creation of preservation duplicates of undeliverable mail. The bill also emphasizes that the service of process must be completed at least ten days before the return date, and it maintains that these provisions do not limit other legal methods of serving process. Overall, the bill seeks to streamline and clarify the process for serving legal documents to limited liability companies and corporations in West Virginia.

Statutes affected:
Introduced Version: 31B-1-111, 31D-5-504