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WV SB1045

Bill

Status

Introduced

2/21/2026

Primary Sponsor

Ryan Weld

Click for details

Origin

Senate

2026 Regular Session

AI Summary

  • Expands valid service of process through the Secretary of State to include mail returned as "undeliverable" by the U.S. Postal Service, in addition to mail that is signed for or refused
  • Applies to both limited liability companies (LLCs) under the Uniform Limited Liability Company Act and corporations under the West Virginia Business Corporation Act
  • Requires the Secretary of State to create a preservation duplicate of returned undeliverable mail before destroying the original, then notify the issuing court
  • Service of process must be made at least 10 days before the return day, and courts may grant continuances to allow defendants opportunity to respond
  • Modernizes statutory citations by updating code references from written form to numerical format (e.g., "section two, article one, chapter fifty-nine" to "§59-1-2")

Legislative Description

Clarifying when service of process on limited liability corporation by Secretary of State is sufficient

Corporations

Last Action

To Judiciary

2/21/2026

Committee Referrals

Judiciary2/21/2026

Full Bill Text

No bill text available