79-16-23 - Certificate of withdrawal; application and filing.
§ 79-16-23. Certificate of withdrawal; application and filing.
(1) A foreign business trust authorized to transact business in this state may withdraw from this state upon procuring from the Secretary of State a certificate of withdrawal. In order to procure such certificate of withdrawal, such foreign business trust shall deliver to the Secretary of State an application for withdrawal, which shall set forth:
(a) The name of the foreign business and the state or country under the laws of which it is organized;
(b) That the foreign business trust is not transacting business in this state;
(c) That the foreign business trust surrenders its authority to transact business in this state;
(d) That the foreign business trust revokes the authority of its registered agent in this state to accept service of process and consents that service of process in any action, suit or proceeding based on a cause of action arising in this state during the time the foreign business trust was authorized to transact business in this state may thereafter be made on such foreign business trust by service thereof on the Secretary of State;
(e) A post office address to which the Secretary of State may mail a copy of any process against the foreign business trust that may be served on him;
(f) A commitment to notify the Secretary of State in the future of any change in its mailing address; and
(g) Such additional information as may be necessary or appropriate in order to enable the Secretary of State to determine and assess any unpaid fees payable by such foreign business trust, and a certificate of the State Tax Commission that the foreign business trust owes no taxes.
(2) The application for withdrawal shall be made on forms prescribed and furnished by the Secretary of State and shall be executed by the trust by at least one (1) of its trustees, or if the foreign business trust is in the hands of a receiver or trustee, shall be executed on behalf of the foreign business trust by such receiver or trustee.
Sources: Laws, 1998, ch. 428, § 12, eff from and after July 1, 1998.