Utah Code 16-6a-1514. Service on withdrawn foreign nonprofit corporation

(1)

A foreign nonprofit corporation that has withdrawn from this state pursuant to Section 16-6a-1513 shall:

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Terms Used In Utah Code 16-6a-1514

Address: includes :

(i)	a post office box number;

(ii)	a rural free delivery route number; and

(iii)

a street name and number. See Utah Code 16-6a-102

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 16-6a-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

Proceeding: includes :

(a)	a civil suit;

(b)	arbitration;

(c)	mediation;

(d)	a criminal action;

(e)	an administrative action; or

(f)

an investigatory action. 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
(a)	maintain a registered agent in this state to accept service on its behalf in any proceeding based on a cause of action arising during the time it was authorized to conduct affairs in this state, in which case the continued authority of the registered agent shall be specified in the application for withdrawal; or

(b)

be considered to have authorized service of process on it in connection with any cause of action by registered or certified mail, return receipt requested, to:

(i)

the address of its principal office, if any:

(A)	set forth in its application for withdrawal; or

(B)	as last changed by notice delivered to the division for filing; or

(ii)

the address for service of process:

(A)	that is stated in its application for withdrawal; or

(B)	as last changed by notice delivered to the division for filing.

(2)

Service effected pursuant to Subsection (1)(b) is perfected at the earliest of:

(a)	the date the withdrawn foreign nonprofit corporation receives the process, notice, or demand;

(b)	the date shown on the return receipt, if signed on behalf of the withdrawn foreign nonprofit corporation; or

(c)	five days after mailing.

(3)	Subsection (1) does not prescribe the only means, or necessarily the required means, of serving a withdrawn foreign nonprofit corporation.

Amended by Chapter 364, 2008 General Session

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