If you are filing a lawsuit against a limited liability company (“LLC”) in Missouri, one of the first steps is making sure the LLC is properly served with legal documents.
This task, known as “service of process,” is the legal way of giving formal notice to and establishing personal jurisdiction over an LLC defendant after a lawsuit has been filed. Missouri law specifies a clear procedure for how to serve an LLC, and it is important to closely follow it to avoid delays or dismissal of your case.
1. Service on the Registered Agent
Serving an LLC’s registered agent is the primary and most common method of completing service of process. Every LLC in Missouri is required to maintain a registered agent to receive service of process. Service must be made by personally delivering the summons and petition to the registered agent at the address listed with the Secretary of State, which constitutes lawful personal service on the LLC.
You can use the Missouri Secretary of State’s online Business Entity Search to determine the registered agent’s identity and address. With that information you can then prepare the legal documents for service, which include the summons — issued by the court clerk — and the petition or complaint.
But what happens if the LLC does not have a registered agent, or if the listed agent cannot be found after reasonable effort?
2. Service on an Authorized Person or Organizer
If the registered agent cannot be located after reasonable efforts are exhausted, service may be made on an authorized person (e.g., a manager or member, depending on the LLC’s management structure) or the LLC’s organizer.
3. Service on the Missouri Secretary of State
If the LLC fails to maintain a registered agent, or if neither the registered agent, an authorized person, nor an organizer can be located after reasonable efforts have been exhausted, the Missouri Secretary of State is automatically appointed as the agent for service of process. The summons and petition must be delivered to the Secretary of State or a designated staff member who will then forward the documents to the LLC’s last known address on file.
4. Alternative Methods Permitted by Law
Missouri law does not preclude other methods of service as permitted by law, such as those outlined in the Missouri Supreme Court Rules, which allow service on an officer, partner, managing or general agent, or by leaving the documents at a business office with the person in charge
Proper service of process is critical to establish the court’s personal jurisdiction over an LLC defendant. Failure to comply with these requirements may result in delays or dismissal of the case.
Contact a Paule, Camazine & Blumenthal litigation attorney to ensure your filings are compliant and your case stays on track.
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