(805 ILCS 180/1-50)
Service of process on limited liability
(a) Any process, notice, or demand required or
permitted by law to be served upon either a limited liability
company or foreign limited liability company shall be served
either upon the registered agent appointed by the limited
liability company or upon the Secretary of State as provided
in this Section.
(b) The Secretary of State shall be irrevocably
appointed as an agent of a limited liability company upon
whom any process, notice, or demand may be served under any
of the following circumstances:
(1) Whenever the limited liability company shall fail
to appoint or maintain a registered agent in this State.
(2) Whenever the limited liability company's
registered agent cannot with reasonable diligence be found at the registered office in this State or at the principal place of business stated in the articles of organization.
(3) When a limited liability company has dissolved,
the conditions of paragraph (1) and paragraph (2) exist, and a civil action, suit or proceeding is instituted against or affecting the limited liability company within 5 years after the issuance of a certificate of dissolution or the filing of a judgment of dissolution.
(4) When a domestic limited liability company has
been dissolved, the conditions of paragraph (1) or paragraph (2) exist, and a criminal proceeding has been instituted against or affecting the limited liability company.
(5) When the admission of a foreign limited liability
company to transact business in this State has been revoked or withdrawn.
(c) Service under subsection (b) shall be made by the person instituting
the action by doing
all of the following:
(1) Serving on the Secretary of State, or on any
employee having responsibility for administering this Act, a copy of the process, notice, or demand, together with any papers required by law to be delivered in connection with service and paying the fee prescribed by Article 50 of this Act.
(2) Transmitting notice of the service on the
Secretary of State and a copy of the process, notice, or demand and accompanying papers to the limited liability company being served, by registered or certified mail:
(A) at the last registered office of the limited
liability company shown by the records on file in the Office of the Secretary of State; and
(B) at the address the use of which the person
instituting the action, suit, or proceeding knows or, on the basis of reasonable inquiry, has reason to believe, is most likely to result in actual notice.
(3) Attaching an affidavit of compliance with this
Section, in substantially the form that the Secretary of State may by rule or regulation prescribe, to the process, notice, or demand.
(d) Nothing herein contained shall limit or affect the
right to serve any process, notice, or demand required or
permitted by law to be served upon a limited liability
company in any other manner now or hereafter permitted by
(e) The Secretary of State shall keep, for a period of
5 years from the date of service, a record of all processes,
notices, and demands served upon him or her under this
Section and shall record therein the time of the service and
such person's action with reference thereto.
(Source: P.A. 98-171, eff. 8-5-13.)