Utah Code 16-6a-1409. Service on dissolved nonprofit corporation

(1)

A dissolved nonprofit corporation shall:

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Terms Used In Utah Code 16-6a-1409

Address: includes :

(i)	a post office box number;

(ii)	a rural free delivery route number; and

(iii)

a street name and number. See Utah Code 16-6a-102

Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.

Division: means the Division of Corporations and Commercial Code. See Utah Code 16-6a-102

mailing: includes registered or certified mail for which the proper fee is paid. See Utah Code 16-6a-102

Notice: means the same as that term is defined in Section 16-6a-103. See Utah Code 16-6a-102

Principal office: means :

(a)

the office, in or out of this state, designated by a domestic or foreign nonprofit corporation as its principal office in the most recent document on file with the division providing that information, including:

(i)	an annual report;

(ii)	an application for a certificate of authority; or

(iii)

a notice of change of principal office; or

(b)

if no principal office can be determined, a domestic or foreign nonprofit corporation's registered office. See Utah Code 16-6a-102

Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5

Registered agent: means the registered agent of:

(a)	a domestic nonprofit corporation; or

(b)	a foreign nonprofit corporation. See Utah Code 16-6a-102 Service of process: The service of writs or summonses to the appropriate party.
(a)	maintain a registered agent to accept service of process on its behalf; or

(b)

be considered to have authorized service of process on it by registered or certified mail, return receipt requested, to:

(i)

the address of its principal office, if any:

(A)	as set forth in its articles of dissolution; or

(B)	as last changed by notice delivered to the division for filing; or

(ii)

the address for service of process that:

(A)	is stated in its articles of dissolution; or

(B)	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 dissolved nonprofit corporation receives the process, notice, or demand;

(b)	the date shown on the return receipt, if signed on behalf of the dissolved nonprofit corporation; or

(c)	five days after mailing.

(3)	Subsection (1) does not prescribe the only means, or necessarily the required means, of serving a dissolved nonprofit corporation.

Enacted by Chapter 300, 2000 General Session

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