Clarifying when service of process on limited liability corporation by Secretary of State is sufficient
Summary
SB 1045 is a procedural bill concerning service of process on limited liability companies in West Virginia. Based on the caption, the bill is intended to clarify when service of process on an LLC through the Secretary of State is legally sufficient, likely addressing situations where a business cannot be served directly and state law allows substituted service through the Secretary of State as an agent for service.
Because the full bill text was not available in the provided materials, the precise statutory changes cannot be identified from the text itself. However, the measure appears aimed at refining or confirming the circumstances under which service on the Secretary of State satisfies notice requirements for LLCs, which would affect civil litigation practice, registered agents, and business entities organized as limited liability companies.
Impact
The bill would likely amend West Virginia provisions governing service of process on limited liability companies and the role of the Secretary of State as a statutory agent for service. Its practical impact would be on civil procedure and business law, especially for plaintiffs attempting to serve LLC defendants and for LLCs that fail to maintain a valid registered agent or cannot otherwise be located for service. The bill appears to be clarifying rather than expansive, so its main effect would be to reduce ambiguity and help courts determine when substituted service is sufficient.
Sentiment
There is no recorded committee transcript or vote history in the provided materials, so no direct evidence of support or opposition is available. The bill’s caption suggests a technical or clarifying measure, which often receives neutral to favorable treatment because it addresses procedural uncertainty rather than making a major policy change. The fact that it was referred to Judiciary is consistent with a legal-process bill that would be reviewed for consistency with existing civil procedure and business entity statutes.
Contention
No specific points of contention are documented in the provided record. If debate were to arise, it would likely center on whether the clarification makes service easier for plaintiffs and courts or, conversely, whether it could reduce protections for LLCs by making substituted service through the Secretary of State available more broadly. Any disagreement would likely involve attorneys, business groups, and court administration rather than broad public policy stakeholders.
To ensure that the survivor of a merger, reorganization, purchase, or assumption of liabilities of a bank chartered by West Virginia is insured by the Federal Deposit Insurance Corporation