Section 108. Designated Office
and Agent for Service of Process

(a) A limited liability company and a foreign limited liability company authorized to do business in this State shall designate and continuously maintain in this State:

(1) an office, which need not be a place of its business in this State; and

(2) an agent and street address of the agent for service of process on the company.

(b) An agent must be an individual resident of this State, a domestic corporation, another limited liability company, or a foreign corporation or foreign company authorized to do business in this State.

Comment

Limited liability companies organized under Section 202 or authorized to transact business under Section 1004 are required to designate and continuously maintain an office in the State. Although the designated office need not be a place of business, it most often will be the only place of business of the company. The company must also designate an agent for service of process within the State and the agent's street address. The agent's address need not be the same as the company's designated office address. The initial office and agent designations must be set forth in the articles of organization, including the address of the designated office. See Section 203(a)(2) to (3). The current office and agent designations must be set forth in the company's annual report. See Section 211(a)(2). See also Section 109 (procedure for changing the office or agent designations), Section 110 (procedure for an agent to resign), and Section 111(b) (the filing officer is the service agent for the company if it fails to maintain its own service agent).