[WSBARP] Service on Inactive LLC

[Matt Johnson]

Did you ever get any answers on this one?

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Eric Lanza
Sent: Monday, November 28, 2016 4:00 PM
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] Service on Inactive LLC

Hello listserv! Long time listener, first time caller. I have a question about service of process on an inactive LLC.

Here are the facts:


*        Title to real property is held by an inactive LLC (LLC has been inactive since 2006).

*        The Secretary of State website lists an individual (let's call him John Doe) as registered agent for inactive LLC.

*        The address for John Doe listed on the secretary of state website was no longer valid. I hired an investigator, discovered John Doe's current address, and personally served him the summons and complaint to foreclose a lien on the property.

*        John Doe disclaims any interest in the property, and states that he sold his interest in the inactive LLC to 3rd party in 2008.

My question: is the inactive LLC effectively served?

I'm looking at RCW 23.95.450 which says: if the entity has registered agent, serve the registered agent. If the entity ceases to have a registered agent, do x, y, and/or z.

I am also looking at RCW 23.95.420(4), which seems to suggest that the registered agent of record remains the registered agent until a revised statement is filed with the Secretary of State.

However, neither of these statutes seem to directly address inactive or expired registrations.

Has anyone run into this issue before?

Thanks in advance,

Eric J. Lanza, J.D.
[Logo Color 2011 update 2]
1800 Cooper Point Rd. SW No. 8 * Olympia, WA 98502 * www.jaglaw.net<http://www.jaglaw.net/>
Telephone * 360.352.1970 * Fax 360.357.0844

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