§ 48-2c-309. Service on withdrawn foreign company.

(1) A foreign company that has withdrawn from this state pursuant to Section 48-2c-1611 shall either:

(a) maintain a registered agent in this state to accept service of process on its behalf in any proceeding based on a cause of action arising during the time it was transacting business in this state, in which case the continued authority of the registered agent shall be specified in the application for withdrawal and any change shall be governed by Title 16, Chapter 17, Model Registered Agents Act, which applies to foreign companies authorized to transact business in this state; or

(b) be considered to have authorized service of process on it, in connection with any cause of action arising during the time it was transacting business in this state, by registered or certified mail, return receipt requested, to:

(i) the address of its principal office, if any, set forth in its application for withdrawal or as 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 as listed 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(a) the date the withdrawn foreign company receives the process, notice, or demand;

(b) the date shown on the return receipt, if signed on behalf of the withdrawn foreign company; or

(c) five days after mailing.

(3) This section does not limit or affect the right to serve, in any other manner permitted by law, any process, notice, or demand required or permitted by law to be served upon a withdrawn foreign company.

Amended by Chapter 364, 2008 General Session