§ 16-10a-1521. Service on withdrawn foreign corporation.

(1) A foreign corporation that has withdrawn from this state pursuant to Section 16-10a-1520 shall either:

(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 transact business 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, set forth in its application for withdrawal or as last changed by notice delivered to the division for filing; or

(ii) the address for service of process that is stated in its application for withdrawal or 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(a) the date the withdrawn foreign corporation receives the process, notice, or demand;

(b) the date shown on the return receipt, if signed on behalf of the withdrawn foreign corporation; or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(3) Subsection (1) does not prescribe the only means, or necessarily the required means, of serving a withdrawn foreign corporation.

Amended by Chapter 364, 2008 General Session