Nevis Limited Liability Company Ordinance

PART III
REGISTERED AGENT;
SERVICE OF PROCESS
Registered 14. (1) A limited liability company subject to this Ordinance
agent for shall at all times have a registered agent in St. Christopher
service of and Nevis. A limited liability company which fails to
process maintain a registered agent in St.Christopher and Nevis shall be in contravention
of this Ordinance.
(2) Service of process on a registered mail addressed to the registered agent or
any other manner provided by law for the service of summons as if the
registered agent or in any other manner provided by law for the service of
summons as if the registered agent were the defendant.
(3) Any registered agent of a limited liability company may resign as such agent
upon filing a written notice thereof, executed in duplicate, with the Registrar of
Companies, who shall cause a copy thereof to be sent by registered mail to the
limited liability company at the address of the office of the company or, if none,
at the last known address of a person at.whose request the limited liability
company was formed. No designation of a new registered agent shall be
accepted for filing unless all charges owing to the former agent shall have been
paid.
(4) A designation of a registered agent under this section may be made, revoked,
or changed by filing an appropriate notification with the Registrar of
Companies.
(5) The designation of a registered agent shall terminate upon the expiration of
thirty days written notice of resignation directed to the limited liability company
and the filing of a copy of said notice of resignation with the Registrar of
Companies; or sooner if a successor agent is designated.
(6) A registered agent, when served process, notice or demand for the limited
liability company which he represents, shall transmit the same to the limited
liability company by personal notification or in the following manner: Upon
receipt of the process, notice or demand, the registered agent shall cause a copy
of such paper to be mailed to the limited liability company named therein at its
last know address. Such mailing shall be by registered mail. As soon thereafter
as possible if process was issued in Nevis, the registered agent may file with the
clerk of the court issuing the process either the receipt of such registered mailing
or an affidavit stating that such mailing has been made, signed by the registered
agent, or if the agent is a corporation, by a properly designated member or
manager of the same, properly notarized. Compliance with the provisions of this
section shall relieve the registered agent from any further obligation to the
limited liability company for service of the process, notice or demand, but the
agent's failure to comply with the provisions of this section shall in no way
affect the validity of the process, notice or demand.
(7) Only a barrister or solicitor admitted to practice in St. Christopher and Nevis
or a corporation having a paid-in capital of at least $500,000.00 may act as
registered agent.
(8) No barrister or solicitor or corporation shall act as registered agent unless
first licensed by the Minister. The original application for licensing shall be in
the prescribed form and accompanied by the prescribed fee and there shall be an
annual fee payable in January of each year.
(9) The Minister shall prescribe fees for the licensing of registered agents under
this Ordinance.
Registrar of 15. (1) Whenever a limited liability company subject to this
Companies or Ordinance fails to maintain an authorized agent in Nevis, or
his appointee whenever said registered agent cannot with reasonable
as agent for diligence be found at his business address, then the
process Registrar of Companies or his appointee shall be an agent of such limited
liability company upon whom any process or notice or demand required or
permitted by law to be served may be served.
(2) Service on the Registrar of Companies or his appointee as agent of a limited
liability company shall be made by personally delivering to and leaving with
him or his deputy or with any person authorized by the Registrar of Companies
to receive such service, at the.office of the Registrar of Companies, duplicate
copies of such process together with the statutory fee. The Registrar of
Companies or his appointee shall promptly send one of such copies by
registered mail, return receipt requested, to such limited liability company at the
business address of its registered agent, or if there is no such office, then the
Registrar of Companies or his appointee shall mail such copy in care of any
member or manager named in the articles of organization at his address stated
therein or at the address of the limited liability company without Nevis, or if
none, at the last known address of a person at whose request the limited liability
company was formed or in any other manner permitted by law.
Records and 16. The Registrar of Companies shall keep a record of each
certificates of process served upon the Registrar of Companies or his appointee
registrar of under this part, including the date of service. He shall, upon
companies request made within five years of such service, issue a certificate under its seal
certifying as to the receipt of the process by an authorized person, the date and place of
such service, and the receipt of the statutory fee.
Validity of 17. Nothing contained in this Part shall affect the validity of
other service service of process on a limited liability company effected in any other manner permitted
by law.