Utah Code 16-6a-1516. Procedure for and effect of revocation

(1)

If the division determines that one or more grounds exist under Section 16-6a-1515 for revoking the authority of a foreign nonprofit corporation to conduct affairs in this state, the division shall mail to the foreign nonprofit corporation with written notice of the division’s determination stating the grounds.

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Terms Used In Utah Code 16-6a-1516

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

Class: means a group of memberships that has the same right with respect to voting, dissolution, redemption, transfer, or other characteristics. 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

Registered agent: means the registered agent of:

(a)	a domestic nonprofit corporation; or

(b)

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

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 the foreign nonprofit corporation does not correct each ground for revocation or demonstrate to the reasonable satisfaction of the division that each ground determined by the division does not exist, within 60 days after mailing of the notice under Subsection (1), the division shall revoke the foreign nonprofit corporation’s authority to conduct affairs in this state.

(b)

If a foreign nonprofit corporation’s authority to conduct affairs in this state is revoked under Subsection (2)(a), the division shall:

(i)	mail a written notice of the revocation to the foreign nonprofit corporation stating the effective date of the revocation; and

(ii)

mail a copy of the notice to:

(A)	the last registered agent of the foreign nonprofit corporation; or

(B)	if there is no registered agent of record, at least one officer of the corporation.

(3)	The authority of a foreign nonprofit corporation to conduct affairs in this state ceases on the date shown on the division’s certificate revoking the foreign nonprofit corporation’s certificate of authority.

(4)	Revocation of a foreign nonprofit corporation’s authority to conduct affairs in this state does not terminate the authority of the registered agent of the foreign nonprofit corporation.

(5)

A notice mailed under this section shall be:

(a)	mailed first class, postage prepaid; and

(b)

addressed to the most current mailing address appearing on the records of the division for:

(i)	the registered agent of the nonprofit corporation, if the notice is required to be mailed to the registered agent; or

(ii)	the officer of the nonprofit corporation that is mailed the notice if the notice is required to be mailed to an officer of the nonprofit corporation.

Amended by Chapter 386, 2009 General Session

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