48-2c-309 - Service on withdrawn foreign company.
48-2c-309. Service on withdrawn foreign company.
(1) A foreign company that has withdrawn from this state pursuant to Section48-2c-1611 shall either:
(a) maintain a registered agent in this state to accept service of process on its behalf inany proceeding based on a cause of action arising during the time it was transacting business inthis state, in which case the continued authority of the registered agent shall be specified in theapplication for withdrawal and any change shall be governed by Title 16, Chapter 17, ModelRegistered Agents Act, which applies to foreign companies authorized to transact business in thisstate; or
(b) be considered to have authorized service of process on it, in connection with anycause of action arising during the time it was transacting business in this state, by registered orcertified mail, return receipt requested, to:
(i) the address of its principal office, if any, set forth in its application for withdrawal oras listed in the notice, annual report, or document most recently filed with the division; or
(ii) the address for service of process that is stated in its application for withdrawal or aslisted in the notice, annual report, or document most recently filed with the division.
(2) Service effected pursuant to Subsection (1)(b) is perfected at the earliest of:
(a) the date the withdrawn foreign company receives the process, notice, or demand;
(b) the date shown on the return receipt, if signed on behalf of the withdrawn foreigncompany; or
(c) five days after mailing.
(3) This section does not limit or affect the right to serve, in any other manner permittedby law, any process, notice, or demand required or permitted by law to be served upon awithdrawn foreign company.
Amended by Chapter 364, 2008 General Session