Delaware Code § 6-17-105

Service of process on domestic limited partnerships and protected series or registered series
Open in Lexace · Ask the AI about this section
thereof [Effective Aug. 1, 2026].
(a) Service of legal process upon any domestic limited partnership or any protected series or registered series thereof shall be made by
delivering a copy personally to any managing or general agent or general partner of the limited partnership in the State of Delaware, or
the registered agent of the limited partnership in the State of Delaware, or by leaving it at the dwelling house or usual place of abode in
the State of Delaware of any such managing or general agent, general partner or registered agent (if the registered agent be an individual),
or at the registered office or other place of business of the limited partnership in the State of Delaware. If service of legal process is
made upon the registered agent of the limited partnership in the State of Delaware on behalf of any such protected series or registered
series, such process shall include the name of the limited partnership and the name of such protected series or registered series. If the
registered agent be a corporation, service of process upon it as such may be made by serving, in the State of Delaware, a copy thereof
on the president, vice-president, secretary, assistant secretary or any director of the corporate registered agent. Service by copy left at the
dwelling house or usual place of abode of an officer, managing or general agent, general partner or registered agent, or at the registered
office or other place of business of the limited partnership in the State of Delaware, to be effective, must be delivered thereat at least 6
days before the return date of the process, and in the presence of an adult person, and the officer serving the process shall distinctly state
the manner of service in the officer's return thereto. Process returnable forthwith must be delivered personally to the officer, managing
or general agent, general partner or registered agent.
(b) In case the officer whose duty it is to serve legal process cannot by due diligence serve the process in any manner provided for by
subsection (a) of this section, it shall be lawful to serve the process against the limited partnership or any protected series or registered
series thereof upon the Secretary of State, and such service shall be as effectual for all intents and purposes as if made in any of the
ways provided for in subsection (a) of this section. If service of legal process is made upon the Secretary of State on behalf of any such
protected series or registered series, such process shall include the name of the limited partnership and the name of such protected series
or registered series. Process may be served upon the Secretary of State under this subsection by means of electronic transmission but only
as prescribed by the Secretary of State. The Secretary of State is authorized to issue such rules and regulations with respect to such service
as the Secretary of State deems necessary or appropriate. In the event that service is effected through the Secretary of State in accordance
with this subsection, the Secretary of State shall forthwith notify the limited partnership by letter, directed to the limited partnership at
the address of a general partner as it appears on the records relating to such limited partnership on file with the Secretary of State or, if
no such address appears, at its last registered office. Such letter shall be sent by a mail or courier service that includes a record of mailing
or deposit with the courier and a record of delivery evidenced by the signature of the recipient. Such letter shall enclose a copy of the
process and any other papers served on the Secretary of State pursuant to this subsection. It shall be the duty of the plaintiff in the event
of such service to serve process and any other papers in duplicate, to notify the Secretary of State that service is being effected pursuant
to this subsection, and to pay the Secretary of State a fee as prescribed under § 17-1107(a)(13) of this title for the use of the State of
Delaware, which sum shall be taxed as part of the costs in the proceeding if the plaintiff shall prevail therein. The Secretary of State shall
maintain an alphabetical record of any such service setting forth the name of the plaintiff and defendant, the title, docket number and
nature of the proceeding in which process has been served upon the Secretary, the fact that service has been effected pursuant to this
subsection, the return date thereof, and the day and hour when the service was made. The Secretary of State shall not be required to retain
such information for a period longer than 5 years from the Secretary's receipt of the service of process.

‹ Prev All Delaware sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.