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§ 8.01-304.How process served on copartner or partnership, domestic or foreign limited liability partnership, and domestic or foreign limited partnership.

Chapter 8. Process · Article 4. Who to Be Served · Last amended 2024 · Last verified July 16, 2026

In one sentenceSection 8.01-304 lets service on a general partner stand as service on the partnership and each named partner in a partnership matter, allows service on a limited partner only to enforce that partner's liability to the partnership, and gives limited liability partnerships and limited partnerships their own registered-agent and substituted-service routes under Title 50.

Full Text of § 8.01-304

Text sizeJump to: (A) (B) (C)

A. Subject to § 8.01-286.1, process against a copartner or partnership may be served upon a general partner, and it shall be deemed service upon the partnership and upon each partner individually named in the action, provided the person served is not a plaintiff in the suit and provided the matter in suit is a partnership matter.
Provided further that process may be served upon a limited partner in any proceeding to enforce a limited partner's liability to the partnership.
B. A domestic or foreign limited liability partnership may also be served by personal service on its registered agent as provided in § 50-73.135 and by substituted service in accordance with subsection B of § 50-73.129, subsection F of § 50-73.134, subsection G of § 50-73.135, or § 50-73.140, as applicable.
C. A domestic or foreign limited partnership may also be served by personal service on its registered agent as provided in subsection A of § 50-73.7 and by substituted service in accordance with subsection B of § 50-73.7, subsection D of § 50-73.58, subsection C of § 50-73.58:1, subsection D of § 50-73.58:2, or subsection E of § 50- 73.59, as applicable.

Plain-English Summary

Subsection A handles ordinary copartnerships and partnerships: process served on a general partner is deemed service on the partnership itself and on each partner individually named in the action, as long as the person served is not a plaintiff in the suit and the matter in suit is a partnership matter. A limited partner, by contrast, may be served only in a proceeding brought to enforce that limited partner's own liability to the partnership.

Subsections B and C give registered limited liability partnerships and limited partnerships their own service framework, tracking the corporate model. A domestic or foreign limited liability partnership may be served by personal service on its registered agent, or by substituted service under the specific Title 50 provisions the subsection cross-references. A domestic or foreign limited partnership follows the same pattern, though a different set of Title 50 provisions applies to it.

Frequently Asked Questions

If I serve a general partner, does that count as serving the whole partnership?

Yes. Service on a general partner is deemed service on the partnership and on each partner individually named in the action, provided the person served is not a plaintiff and the matter in suit is a partnership matter.

Can a limited partner be served directly?

Yes, but only in a proceeding brought to enforce that limited partner's liability to the partnership.

How is a limited liability partnership served?

By personal service on its registered agent, or by substituted service under the Title 50 provisions subsection B cross-references.

How is a limited partnership served?

By personal service on its registered agent, or by substituted service under the Title 50 provisions subsection C cross-references.

Does it matter if the LLP or LP is domestic or organized elsewhere?

No. Subsections B and C both cover domestic and foreign limited liability partnerships and limited partnerships alike.

Amendment History

Code 1950, § 8-59.1; 1950, p. 455; 1977, c. 617; 2005, c. 866; 2024, c. 454.

Source & verification. Section text and amendment history are reproduced verbatim from the Code of Virginia, published by the Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026. · Official source
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