New Hampshire Revised Statutes 304-C:38 – Service of Process on Limited Liability Company Managers and Liquidating Trustees
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I. A manager or a liquidating trustee of a limited liability company may be served with process in the manner prescribed in N.H. Rev. Stat. § 304-C:37 in all civil actions or proceedings brought in New Hampshire involving or relating to (i) the business of the limited liability company; (ii) a violation by the manager or the liquidating trustee of a duty to the limited liability company; or (iii) any member of the limited liability company, whether or not the manager or the liquidating trustee is a manager or a liquidating trustee at the time suit is commenced.
II. (a) A manager’s or a liquidating trustee’s serving as such constitutes the person‘s consent to the appointment of the registered agent of the limited liability company, or, if there is none, of the secretary of state, as the person’s agent upon whom service of process may be made as provided in this section.
(b) Service as a manager or a liquidating trustee shall signify the consent of the manager or liquidating trustee that any process when so served shall be of the same legal force and validity as if served upon the manager or liquidating trustee within New Hampshire, and the appointment of the registered agent, or, if there is none of the secretary of state, shall be irrevocable.
III. Service of process under this section may be effected in the manner provided in N.H. Rev. Stat. § 304-C:37.
IV. In a written operating agreement or other writing, a manager or member may consent to be subject to the nonexclusive jurisdiction of the courts of, or arbitration in, a specified jurisdiction, or the exclusive jurisdiction of the courts of, or the exclusivity of arbitration in, New Hampshire, and to be served with legal process in the same manner prescribed in the operating agreement or other writing.
V. This section does not prescribe the only means, or necessarily the required means, of serving managers and liquidating trustees of limited liability companies.
II. (a) A manager’s or a liquidating trustee’s serving as such constitutes the person‘s consent to the appointment of the registered agent of the limited liability company, or, if there is none, of the secretary of state, as the person’s agent upon whom service of process may be made as provided in this section.
Terms Used In New Hampshire Revised Statutes 304-C:38
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- Service of process: The service of writs or summonses to the appropriate party.
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
- Trustee: A person or institution holding and administering property in trust.
(b) Service as a manager or a liquidating trustee shall signify the consent of the manager or liquidating trustee that any process when so served shall be of the same legal force and validity as if served upon the manager or liquidating trustee within New Hampshire, and the appointment of the registered agent, or, if there is none of the secretary of state, shall be irrevocable.
III. Service of process under this section may be effected in the manner provided in N.H. Rev. Stat. § 304-C:37.
IV. In a written operating agreement or other writing, a manager or member may consent to be subject to the nonexclusive jurisdiction of the courts of, or arbitration in, a specified jurisdiction, or the exclusive jurisdiction of the courts of, or the exclusivity of arbitration in, New Hampshire, and to be served with legal process in the same manner prescribed in the operating agreement or other writing.
V. This section does not prescribe the only means, or necessarily the required means, of serving managers and liquidating trustees of limited liability companies.