Substitute Senate Bill No. 1087
Public Act No. 19-41
AN ACT CONCERNING SE RVICE OF PROCESS ON OUT-OF-
STATE FINANCIAL INST ITUTIONS, LIMITED LI ABILITY
COMPANIES AND REGIST ERED FOREIGN LIMITED LIABILITY
COMPANIES.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Subsections (a) and (b) of section 52-367a of the general
statutes are repealed and the following is substituted in lieu thereof
(Effective October 1, 2019):
(a) As used in this section and section 52-367b, as amended by this
act, "financial institution" means any bank, savings bank, savings and
loan association or credit union organized, chartered or licensed under
the laws of this state or the United States and having its main office in
this state, [or] any similar out-of-state institution having a branch office
in this state or any similar out-of-state institution having no main
office or branch office in this state and where transactions are made via
the Internet or electronic means.
(b) Execution may be granted pursuant to this section against any
debts due from any financial institution to a judgment debtor which is
not a natural person. If execution is desired against any such debt, the
plaintiff requesting the execution shall make application to the clerk of
the court. The application shall be accompanied by a fee of one Substitute Senate Bill No. 1087
Public Act No. 19-41 2 of 6
hundred five dollars payable to the clerk of the court for the
administrative costs of complying with the provisions of this section
which fee may be recoverable by the judgment creditor as a taxable
cost of the action. The clerk shall issue such execution containing a
direction that the officer serving such execution shall make demand (1)
upon the main office of any financial institution having its main office
within the county of the serving officer, [or] (2) if such main office is
not within the serving officer's county and such financial institution
has one or more branch offices within such county, upon an employee
of such a branch office, such employee and branch office having been
designated by the financial institution in accordance with regulations
adopted by the Banking Commissioner, in accordance with chapter 54,
or (3) only upon demand of a financial institution which does not have
any main office or branch office in this state, by certified mail, return
receipt requested, for the payment of any debt due to the judgment
debtor, and, after having made such demand, shall serve a true and
attested copy thereof, with the serving officer's actions thereon
endorsed, with the financial institution [officer] upon whom such
demand is made. The serving officer shall not serve more than one
financial institution execution per judgment debtor at a time, including
copies thereof. After service of an execution on one financial
institution, the serving officer shall not serve the same execution or a
copy thereof upon another financial institution until receiving
confirmation from the preceding financial institution that the judgment
debtor had insufficient funds at the preceding financial institution
available for collection to satisfy the execution. If the serving officer
does not receive within twenty-five days of the service of the demand
a response from the financial institution that was served indicating
whether or not the taxpayer has funds at the financial institution
available for collection, the serving officer may assume that sufficient
funds are not available for collection and may proceed to serve another
financial institution in accordance with this subsection. Substitute Senate Bill No. 1087
Public Act No. 19-41 3 of 6
Sec. 2. Subsection (b) of section 52-367b of the general statutes is
repealed and the following is substituted in lieu thereof (Effective
October 1, 2019):
(b) If execution is desired against any such debt, the plaintiff
requesting the execution shall make application to the clerk of the
court. The application shall be accompanied by a fee of one hundred
five dollars payable to the clerk of the court for the administrative costs
of complying with the provisions of this section, which fee may be
recoverable by the judgment creditor as a taxable cost of the action. In
a IV-D case, the request for execution shall be accompanied by an
affidavit signed by the serving officer attesting to an overdue support
amount of five hundred dollars or more which accrued after the entry
of an initial family support judgment. If the papers are in order, the
clerk shall issue such execution containing a direction that the officer
serving such execution shall, within seven days from the receipt by the
serving officer of such execution, make demand (1) upon the main
office of any financial institution having its main office within the
county of the serving officer, [or] (2) if such main office is not within
the serving officer's county and such financial institution has one or
more branch offices within such county, upon an employee of such a
branch office, such employee and branch office having been
designated by the financial institution in accordance with regulations
adopted by the Banking Commissioner, in accordance with chapter 54,
or (3) only upon demand of a financial institution which does not have
any main office or branch office in this state, by certified mail, return
receipt requested, for payment of any such nonexempt debt due to the
judgment debtor and, after having made such demand, shall serve a
true and attested copy of the execution, together with the affidavit and
exemption claim form prescribed by subsection (k) of this section, with
the serving officer's actions endorsed thereon, with the financial
institution [officer] upon whom such demand is made. The serving
officer shall not serve more than one financial institution execution per Substitute Senate Bill No. 1087
Public Act No. 19-41 4 of 6
judgment debtor at a time, including copies thereof. After service of an
execution on one financial institution, the serving officer shall not
serve the same execution or a copy thereof upon another financial
institution until receiving confirmation from the preceding financial
institution that the judgment debtor had insufficient funds at the
preceding financial institution available for collection to satisfy the
execution, provided any such additional service is made not later than
forty-five days from the receipt by the serving officer of such
execution. After service of an execution on a financial institution, the
serving officer shall not subsequently serve the same execution or a
copy thereof upon such financial institution if an electronic direct
deposit from a readily identifiable source described in subsection (c) of
this section was made to the judgment debtor's account during the
look-back period, as described in subsection (c) of this section. If no
such deposit was made, the serving officer may subsequently serve the
same execution or a copy thereof upon such institution, provided such
execution has not expired or otherwise become unenforceable.
Sec. 3. Section 34-243r of the general statutes is repealed and the
following is substituted in lieu thereof (Effective October 1, 2019):
(a) A limited liability company or registered foreign limited liability
company may be served with any process, notice or demand required
or permitted by law [by serving its registered agent] by any proper
officer or other person lawfully empowered to make service leaving a
true and attested copy with such company's registered agent, or at his
or her usual place of abode in this state.
(b) When the Secretary of the State and the Secretary of the State's
successors in office have been appointed a foreign limited liability
company's agent for service of process, the foreign limited liability
company may be served by any proper officer or other person lawfully
empowered to make service leaving two true and attested copies of
such process together with the required fee at the office of the Substitute Senate Bill No. 1087
Public Act No. 19-41 5 of 6
Secretary of the State or depositing the same in the United States mail,
by registered or certified mail, postage prepaid, addressed to said
office. The Secretary of the State shall file one copy of such process and
keep a record of the date and hour of such receipt, and, within two
business days after such service, forward by registered or certified mail
the other copy of such process to the foreign limited liability company
at the address of the office designated in the application for
registration filed pursuant to subdivision (4) of section 34-275b. Service
so made shall be effective as of the date and hour received by the
Secretary of the State as shown on the Secretary of the State's records.
(c) If a limited liability company or registered foreign limited
liability company ceases to have a registered agent, or if its registered
agent cannot with reasonable diligence be served by any proper officer
or other person lawfully empowered to make service, the company or
foreign company may be served by registered or certified mail, return
receipt requested, or by similar commercial delivery service, addressed
to the company or foreign company at its principal office. The address
of the principal office shall be as shown on the company's or foreign
company's most recent annual report filed by the Secretary of the State.
Service is effected under this subsection on the earliest of: (1) The date
the company or foreign company receives the mail or delivery by the
commercial delivery service; (2) the date shown on the return receipt,
if signed by the company or foreign company; or (3) five days after its
deposit with the United States Postal Service, or with the commercial
delivery service, if correctly addressed and with sufficient postage or
payment.
(d) If process, notice or demand cannot be served on a limited
liability company or registered foreign limited liability company
pursuant to subsection (a) or (b) of this section, service may be made
by any proper officer or other person lawfully empowered to make
service handing a copy to the individual in charge of any regular place Substitute Senate Bill No. 1087
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of business or activity of the company or foreign company if the
individual served is not a plaintiff in the action.
(e) Service of process, notice or demand on a registered agent shall
be in a written record.
(f) Service of process, notice or demand may be made by other
means under law other than the provisions of sections 34-243 to 34-
283d, inclusive.