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Art. 1267.Same; Service On Secretary of State

Book II. Ordinary Proceedings · Title II. Citation and Service of Process · Chapter 3. Service On Legal and Quasi Legal Persons · Enacted 2001 · no amendments on record · Last verified July 30, 2026

In one sentenceArticle 1267 allows service on a limited liability company to be made personally on the secretary of state, or a designated employee in that office, once the process server certifies an inability to complete service under Article 1266 despite diligent effort, and requires the secretary of state to forward the citation to the LLC's last known address.

Full Text of Art. 1267

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If the officer making service certifies that he is unable, after diligent effort, to have service made as provided in Article 1266, then the service may be made personally on the secretary of state, or on a person in his office designated to receive service of process on limited liability companies. The secretary of state shall forward this citation to the limited liability company at its last known address.

Amendment History

Acts 2001, No. 407, §1.

Plain-English Summary

Article 1267 mirrors Article 1262's corporate fallback for limited liability companies. When diligent effort under Article 1266 fails to turn up a reachable agent, manager, member, or suitable employee, the process server can certify that failure, and service can then be made personally on the secretary of state or on the person in that office designated to receive service for limited liability companies.

As with corporations, service on the secretary of state doesn't leave the LLC uninformed. The secretary of state must forward the citation to the LLC at its last known address, so the entity still receives notice by mail even though the legal act of service took place at a state office rather than with the company itself.

Frequently Asked Questions

When can an LLC be served through the secretary of state?

Only after the process server certifies that diligent effort to serve the LLC under Article 1266's other methods has failed.

Does the LLC still learn about the lawsuit when served this way?

Yes. The secretary of state must forward the citation to the LLC's last known address after accepting service.

Is this the same process used for serving corporations through the secretary of state?

It follows the same structure Article 1262 sets out for corporations, applied here to limited liability companies.

Source & verification. Article text is reproduced verbatim from the Louisiana Code of Civil Procedure (legis.la.gov). Enacted by the Louisiana Legislature. Last verified July 30, 2026. · Official source
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