Idaho Code 30-21-509 – Withdrawal On Dissolution or Conversion to Nonfiling Entity Other Than Limited Liability Partnership
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(a) A registered foreign entity that has dissolved and completed winding up or has converted to a domestic or foreign nonfiling entity other than a limited liability partnership shall deliver a statement of withdrawal to the secretary of state for filing. The statement must be signed by the dissolved or converted entity and state:
(1) In the case of a foreign entity that has completed winding up:
(A) Its name and jurisdiction of formation; and
(B) That the foreign entity surrenders its registration to do business in this state; and
(2) In the case of a foreign entity that has converted to a domestic or foreign nonfiling entity other than a limited liability partnership:
(A) The name of the converting foreign entity and its jurisdiction of formation;
(B) The type of nonfiling entity to which it has converted and its jurisdiction of formation;
(C) That it withdraws its registration to do business in this state and revokes the authority of its registered agent to accept service on its behalf; and
(D) A mailing address to which service of process may be made under subsection (b) of this section.
(b) After a withdrawal under this section is effective, service of process in any action or proceeding based on a cause of action arising during the time the foreign filing entity was registered to do business in this state may be made pursuant to section 30-21-412, Idaho Code.
Terms Used In Idaho Code 30-21-509
- Filing entity: means an entity whose formation requires the filing of a public organic record. See Idaho Code 30-21-102
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Jurisdiction of formation: means the jurisdiction whose law includes the organic law of an entity. See Idaho Code 30-21-102
- Limited liability partnership: means a domestic limited liability partnership registered under or subject to chapter 23, title 30, Idaho Code, or a foreign limited liability partnership. See Idaho Code 30-21-102
- Nonfiling entity: means an entity whose foundation does not require the filing of a public organic record. See Idaho Code 30-21-102
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Proceeding: includes a civil action, arbitration, mediation, administrative proceeding, criminal prosecution and investigatory action. See Idaho Code 30-21-102
- Registered agent: means an agent of an entity that is authorized to receive service of any process, notice, or demand required or permitted by law to be served on the entity. See Idaho Code 30-21-102
- Registered foreign entity: means a foreign entity that is registered to do business in this state pursuant to a statement of registration filed by the secretary of state. See Idaho Code 30-21-102
- Service of process: The service of writs or summonses to the appropriate party.
- State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Idaho Code 30-21-102