Authored by: Stephen T. McKenney
The Michigan Limited Liability Company Act will celebrate its twenty-eighth anniversary on June 1, 2021. But despite its age and popularity, the Michigan Court Rules have never expressly provided the manner in which limited liability companies are to be served with legal process. This will change effective May 1, 2021, with the Michigan Supreme Court’s March 24, 2021 Order amending MCR 2.105. The sole amendment to this rule will be the addition of subsection (H) to expressly provide for the manner of service of limited liability companies:
(H) Limited Liability Company. Service of process on a limited liability company may be made by:
(1) serving a summons and a copy of the complaint on the managing member, the non-member manager, or the resident agent;
(2) serving a summons and a copy of the complaint on a member or other person in charge of an office or business establishment of the limited liability company and sending a summons and a copy of the complaint by registered mail, addressed to the registered office of the limited liability company.
(3) If a limited liability company fails to appoint or maintain an agent for service of process, or service under subsections (1) and (2) cannot be accomplished through the exercise of reasonable diligence, service of process may be made by delivering or mailing by registered mail to the administrator (pursuant to MCL 450.4102[a]) a summons and copy of the complaint.
The balance of MCR 2.105 will remain unchanged.