SB 1087 — AN ACT CONCERNING SERVICE OF PROCESS ON OUT-OF-STATE FINANCIAL INSTITUTIONS, LIMITED LIABILITY COMPANIES AND REGISTERED FOREIGN LIMITED LIABILITY COMPANIES.

General Assembly RaisedSubstitute Bill No.

1087 January Session, 2019 LCOAN No.ACT CONCERNING SERVICE OF PROCESS ON OUT-OF-STATE FINANCIAL INSTITUTIONS, LIMITED LIABILITY COMPANIES AND REGISTERED FOREIGN LIMITED LIABILITY COMPANIES.

6008 Referred to Committee on JUDICIARY Introduced by:

(JUD) AN ACT CONCERNING SERVICE OF PROCESS ON OUT-OF-STATE FINANCIAL INSTITUTIONS, LIMITED LIABILITY COMPANIES AND REGISTERED FOREIGN LIMITED LIABILITY COMPANIES.

(a) As used in this section and section 52-367b, as amended by this act, "financial institution" means any bank, savings bank, savings and loan association or credit union organized, chartered or licensed under the laws of this state or the United States and having its main office in this state, or[or] any similar out-of-state institution having a branch office in this state,state or any similar out-of-state institution having no main office or branch office in this state and where transactions are made via the Internet or electronic means.

(b) Execution may be granted pursuant to this section against any debts due from any financial institution to a judgment debtor which is LCOnot No.a natural person.

6008 1 of 6 Raised Bill No.1087 not a natural person.

The application shall be accompanied by a fee of one hundred five dollars payable to the clerk of the court for the administrative costs of complying with the provisions of this section which fee may be recoverable by the judgment creditor as a taxable costLCO \\PRDFS1\SCOUSERS\RICCIARDIK\WS\2019SB-01087-1 of the6 action.SB.docx Substitute Bill No.

1087 cost of the action.

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6008 2 of 6 Raised Bill No.1087 Sec.

(b) If execution is desired against any such debt, the plaintiff requestingLCO the{\\PRDFS1\SCOUSERS\RICCIARDIK\WS\2019SB- execution2 shallof make6 application01087-R01-SB.docx to} theSubstitute clerkBill ofNo. the court.

The1087 applicationrequesting shallthe beexecution accompaniedshall bymake aapplication fee of one hundred five dollars payable to the clerk of the courtcourt. for the administrative costs of complying with the provisions of this section which fee may be recoverable by the judgment creditor as a taxable cost of the action.

The application shall be accompanied by a fee of one hundred five dollars payable to the clerk of the court for the administrative costs of complying with the provisions of this section, which fee may be recoverable by the judgment creditor as a taxable cost of the action.

After service of an execution on one financial institution, the serving officer shall not serve the same execution or a copy thereof upon another financial institution until receiving confirmation from the preceding financial institution that the judgment debtor had insufficient funds at the preceding financial institution available for collection to satisfy the execution, provided any such additional service is made not later than LCO {\\PRDFS1\SCOUSERS\RICCIARDIK\WS\2019SB- 3 of 6 01087-R01-SB.docx } Substitute Bill No.

60081087 3 of 6 Raised Bill No.1087 serve the same execution or a copy thereof upon another financial institution until receiving confirmation from the preceding financial institution that the judgment debtor had insufficient funds at the preceding financial institution available for collection to satisfy the execution, provided any such additional service is made not later than forty-five days from the receipt by the serving officer of such execution.

(a) A limited liability company or registered foreign limited liability company may be served by any proper officer or other person lawfully empowered to make service with any process, notice or demand required or permitted by law [by serving its registered agent] by any proper officer or other person lawfully empowered to make service leaving a true and attested copy with such company's registered agent, or at his or her usual place of abode in this state.

The Secretary of the State shall file one copy of such process and keep a record of the date and hour of such receipt, and, within two LCObusiness No.days after such service, forward by registered or certified mail the other copy of such process to the foreign limited liability company at the address of the office designated in the application for registration filed pursuant to subdivision (4) of section 34-275b.

6008Service 4so ofmade 6shall Raisedbe Billeffective No.1087as businessof daysthe afterdate suchand service,hour forwardreceived by registered or certified mail the otherLCO copy{\\PRDFS1\SCOUSERS\RICCIARDIK\WS\2019SB- of4 such process to the foreign limited liability company at the address of the6 office01087-R01-SB.docx designated} inSubstitute theBill applicationNo. for registration filed pursuant to subdivision (4) of section 34-275b.

Service1087 so made shall be effective as of the date and hour received by the Secretary of the State as shown on the Secretary of the State's records.

(d) If process, notice or demand cannot be served on a limited liability company or registered foreign limited liability company pursuant to subsection (a) or (b) of this section, service may be made by any proper officer or other person lawfully empowered to make service by handing a copy to the individual in charge of any regular place of business or activity of the company or foreign company if the individual served is not a plaintiff in the action.

(f) Service of process, notice or demand may be made by other LCOmeans No.under law other than the provisions of sections 34-243 to 34- 283d, inclusive.

6008LCO {\\PRDFS1\SCOUSERS\RICCIARDIK\WS\2019SB- 5 of 6 Raised01087-R01-SB.docx } Substitute Bill No.

1087 meansThis underact lawshall othertake thaneffect theas provisionsfollows ofand sectionsshall 34-243amend tothe 34-following 283d,sections: inclusive.

This act shall take effect as follows and shall amend the following sections:

3 October 1, 2019 34-243r Statement of Purpose:Legislative Commissioners:

ToIn permitSection additional3(a), methodsnew forlanguage servicewas ofmoved processand oncombined out-of-statewith financialthe institutions,other limitednew liabilitylanguage companiesat andthe registeredend foreignof limitedthe liabilitysubsection companies.for clarity.

[ProposedJUD deletionsJoint areFavorable enclosedSubst. in brackets.

Proposed-LCO additionsLCO are{\\PRDFS1\SCOUSERS\RICCIARDIK\WS\2019SB- indicated6 by underline, not underlined.] the entire text of a6 bill01087-R01-SB.docx or} resolution or a section of a bill or resolution is new, it is LCO No.

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