Limited Liability Company Formations; Related Matters
Section 304-C:38
304-C:38 Service of Process on Limited Liability Company Managers and Liquidating Trustees. –
I. A manager or a liquidating trustee of a limited liability company may be served with process in the manner prescribed in RSA 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 RSA 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.