(1)  Except as provided in Subsection (3), the division may serve a foreign corporation by first-class, postage prepaid United States mail.

Terms Used In Utah Code 16-10a-1511

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Division: means the Division of Corporations and Commercial Code. See Utah Code 16-10a-102
  • Foreign corporation: means a corporation for profit incorporated under a law other than the law of this state. See Utah Code 16-10a-102
  • mailing: means deposit, deposited, or depositing in the United States mail, properly addressed, first class postage prepaid, and includes registered or certified mail for which the proper fee is paid. See Utah Code 16-10a-102
  • Notice: is a s provided in Section 16-10a-103. See Utah Code 16-10a-102
  • Principal office: means the office, in or out of this state, designated by a domestic or foreign corporation as its principal office in the most recent document on file with the division providing the information, including:
(a) an annual report;
(b) an application for a certificate of authority; or
(c) a notice of change of principal office. See Utah Code 16-10a-102
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • Service of process: The service of writs or summonses to the appropriate party.
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
    • (2)  The registered agent of a foreign corporation authorized to transact business in this state is the foreign corporation’s agent for service of process, notice, or demand required or permitted by law to be served on the foreign corporation.

    (3) 

    (a)  If a foreign corporation authorized to transact business in this state has no registered agent or if the registered agent cannot with reasonable diligence be served, the foreign corporation may be served by mail that is:

    (i)  registered or certified;

    (ii)  return receipt requested; and

    (iii)  addressed to the foreign corporation at its principal office.

    (b)  Service is perfected under this Subsection (3) at the earliest of:

    (i)  the date the foreign corporation receives the process, notice, or demand;

    (ii)  the date shown on the return receipt, if signed on behalf of the foreign corporation; or

    (iii)  five days after mailing.

    (4)  This section does not prescribe the only means, or necessarily the required means, of serving a foreign corporation authorized to transact business in this state.

    Amended by Chapter 220, 1999 General Session

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