Utah Code 16-6a-1511. Service on foreign nonprofit corporation

(1)	The registered agent of a foreign nonprofit corporation authorized to conduct affairs 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 nonprofit corporation.

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Terms Used In Utah Code 16-6a-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.
Foreign corporation: means a corporation for profit incorporated under a law other than the laws of this state. See Utah Code 16-6a-102
Foreign nonprofit corporation: means an entity:

(a)	incorporated under a law other than the laws of this state; and

(b)

that would be a nonprofit corporation if formed under the laws of this state. See Utah Code 16-6a-102

mailing: includes registered or certified mail for which the proper fee is paid. See Utah Code 16-6a-102

Notice: means the same as that term is defined in Section 16-6a-103. See Utah Code 16-6a-102

Principal office: means :

(a)

the office, in or out of this state, designated by a domestic or foreign nonprofit corporation as its principal office in the most recent document on file with the division providing that information, including:

(i)	an annual report;

(ii)	an application for a certificate of authority; or

(iii)

a notice of change of principal office; or

(b)

if no principal office can be determined, a domestic or foreign nonprofit corporation's registered office. See Utah Code 16-6a-102

Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5

Registered agent: means the registered agent of:

(a)	a domestic nonprofit corporation; or

(b)

a foreign nonprofit corporation. See Utah Code 16-6a-102

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

(2)

(a)

If a foreign nonprofit corporation authorized to conduct affairs in this state has no registered agent or if the registered agent cannot with reasonable diligence be served, the foreign nonprofit corporation may be served by registered or certified mail, return receipt requested, addressed to the foreign nonprofit corporation at its principal office.

(b)

Service is perfected under this Subsection (2) at the earliest of:

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

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

(iii)

five days after mailing.

(3)	This section does not prescribe the only means, or necessarily the required means, of serving a foreign nonprofit corporation authorized to conduct affairs in this state.

Enacted by Chapter 300, 2000 General Session

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