| (1) |
Activities of a foreign cooperative which do not constitute transacting business in this state under this part include:
Terms Used In Utah Code 16-16-1403- Personal property: includes :Utah Code 68-3-12.5
- Personal property: All property that is not real property.
- Property: includes both real and personal property. 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
| (a) |
maintaining, defending, and settling an action or proceeding; |
| (b) |
holding meetings of the foreign cooperative’s members or directors or carrying on any other activity concerning the foreign cooperative’s internal affairs; |
| (c) |
maintaining accounts in financial institutions; |
| (d) |
maintaining offices or agencies for the transfer, exchange, and registration of the foreign cooperative’s own securities or maintaining trustees or depositories with respect to those securities; |
| (e) |
selling through independent contractors; |
| (f) |
soliciting or obtaining orders, whether by mail or electronic means, through employees, agents, or otherwise, if the orders require acceptance outside this state before they become contracts; |
| (g) |
creating or acquiring indebtedness, mortgages, or security interests in real or personal property; |
| (h) |
securing or collecting debts or enforcing mortgages or other security interests in property securing the debts, and holding, protecting, and maintaining property so acquired; |
| (i) |
conducting an isolated transaction that is completed within 30 days and is not one in the course of similar transactions; and |
| (j) |
transacting business in interstate commerce. |
|
| (2) |
For purposes of this part, the ownership in this state of income-producing real property or tangible personal property, other than property excluded under Subsection (1), constitutes transacting business in this state. |
| (3) |
This section does not apply in determining the contacts or activities that may subject a foreign cooperative to service of process, taxation, or regulation under law of this state other than this chapter. |
Enacted by Chapter 363, 2008 General Session
