Kentucky Statutes 14A.4-040 – Service through registered agent
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(1) An entity‘s or foreign entity’s registered agent shall be its agent for service of process, notice, or demand required or permitted by law to be served on the entity or foreign entity.
(2) If an entity or foreign entity has no registered agent, or the agent cannot with reasonable diligence be served, the entity or foreign entity may be served with process, or any notice or demand may be served by registered or certified mail, return receipt requested, addressed to the entity or foreign entity at its principal office and to the attention of the person or office appropriate for giving notice to the entity or foreign entity. Service shall be perfected under this subsection at the earliest of:
(a) The date the entity or foreign entity receives the mail;
(b) The date shown on the return receipt, if signed on behalf of the entity or foreign entity; or
(c) Five (5) days after its deposit in the United States mail, as evidenced by the postmark, if mailed postage paid and correctly addressed.
(3) This section does not prescribe the only means, or necessarily the required means, of serving an entity or foreign entity.
Effective: January 1, 2011
History: Created 2010 Ky. Acts ch. 151, sec. 31, effective January 1, 2011.
(2) If an entity or foreign entity has no registered agent, or the agent cannot with reasonable diligence be served, the entity or foreign entity may be served with process, or any notice or demand may be served by registered or certified mail, return receipt requested, addressed to the entity or foreign entity at its principal office and to the attention of the person or office appropriate for giving notice to the entity or foreign entity. Service shall be perfected under this subsection at the earliest of:
Terms Used In Kentucky Statutes 14A.4-040
- Certified mail: means any method of governmental, commercial, or electronic delivery that allows a document or package to have proof of:
(a) Sending the document or package. See Kentucky Statutes 446.010 - Entity: means a corporation, business or statutory trust, partnership, limited partnership, limited liability company, limited cooperative association, or unincorporated nonprofit association, governed as to its internal affairs by the laws of the Commonwealth of Kentucky. See Kentucky Statutes 14A.1-070
- Foreign: when applied to a corporation, partnership, limited partnership, business trust, statutory trust, or limited liability company, includes all those incorporated or formed by authority of any other state. See Kentucky Statutes 446.010
- Person: means an individual, an entity, a foreign entity, or any other legal or commercial entity. See Kentucky Statutes 14A.1-070
- Principal office: means the address required by this chapter or the organic act to be of record with the Secretary of State as the principal office, the principal place of business address, the designated office of a limited partnership, or the chief executive office of a limited liability partnership. See Kentucky Statutes 14A.1-070
- Registered agent: means a registered agent appointed in accordance with KRS
14A. See Kentucky Statutes 14A.1-070 - Service of process: The service of writs or summonses to the appropriate party.
(a) The date the entity or foreign entity receives the mail;
(b) The date shown on the return receipt, if signed on behalf of the entity or foreign entity; or
(c) Five (5) days after its deposit in the United States mail, as evidenced by the postmark, if mailed postage paid and correctly addressed.
(3) This section does not prescribe the only means, or necessarily the required means, of serving an entity or foreign entity.
Effective: January 1, 2011
History: Created 2010 Ky. Acts ch. 151, sec. 31, effective January 1, 2011.