§ 57C‑7‑11. Withdrawal of foreign limited liability company.
(a) A foreign limitedliability company authorized to transact business in this State may notwithdraw from this State until it obtains a certificate of withdrawal from theSecretary of State.
(b) A foreign limitedliability company authorized to transact business in this State may apply for acertificate of withdrawal by delivering an application to the Secretary ofState for filing. The application must set forth:
(1) The name of theforeign limited liability company and the name of the state or country underwhose law it is formed;
(2) That it is nottransacting business in this State and that it surrenders its authority totransact business in this State;
(3) That the foreignlimited liability company revokes the authority of its registered agent toaccept service of process and consents that service of process in any action orproceeding based upon any cause of action arising in this State, or arising outof business transacted in this State, during the time the foreign limitedliability company was authorized to transact business in this State, maythereafter be made on such foreign limited liability company by service thereofon the Secretary of State;
(4) A mailing address towhich the Secretary of State may mail a copy of any process served on theSecretary of State under subdivision (3) of this subsection; and
(5) A commitment to filewith the Secretary of State a statement of any subsequent change in its mailingaddress.
(c) If the Secretary ofState finds that the application conforms to law, the Secretary of State shall:
(1) Endorse on theapplication and an exact or conformed copy thereof the word "filed"and the hour, day, month, and year of the filing thereof;
(2) File the applicationin the Secretary of State's office;
(3) Issue a certificateof withdrawal to which the Secretary of State shall affix the exact orconformed copy of the application; and
(4) Send to the foreignlimited liability company or its representative the certificate of withdrawaltogether with the exact or conformed copy of the application affixed thereto.
(d) After thewithdrawal of the foreign limited liability company is effective, service ofprocess on the Secretary of State in accordance with subsection (b) of thissection shall be made by delivering to and leaving with the Secretary of State,or with any clerk authorized by the Secretary of State to accept service ofprocess, duplicate copies of that process and the fee required by G.S. 57C‑1‑22(b).Upon receipt of process in the manner provided in this subsection, theSecretary of State shall mail a copy of the process by registered or certifiedmail, return receipt requested, to the foreign limited liability company at themailing address designated pursuant to subsection (b) of this section. (1993, c. 354, s. 1; 2001‑387,ss. 86, 87.)
§ 57C‑7‑11. Withdrawal of foreign limited liability company.
(a) A foreign limitedliability company authorized to transact business in this State may notwithdraw from this State until it obtains a certificate of withdrawal from theSecretary of State.
(b) A foreign limitedliability company authorized to transact business in this State may apply for acertificate of withdrawal by delivering an application to the Secretary ofState for filing. The application must set forth:
(1) The name of theforeign limited liability company and the name of the state or country underwhose law it is formed;
(2) That it is nottransacting business in this State and that it surrenders its authority totransact business in this State;
(3) That the foreignlimited liability company revokes the authority of its registered agent toaccept service of process and consents that service of process in any action orproceeding based upon any cause of action arising in this State, or arising outof business transacted in this State, during the time the foreign limitedliability company was authorized to transact business in this State, maythereafter be made on such foreign limited liability company by service thereofon the Secretary of State;
(4) A mailing address towhich the Secretary of State may mail a copy of any process served on theSecretary of State under subdivision (3) of this subsection; and
(5) A commitment to filewith the Secretary of State a statement of any subsequent change in its mailingaddress.
(c) If the Secretary ofState finds that the application conforms to law, the Secretary of State shall:
(1) Endorse on theapplication and an exact or conformed copy thereof the word "filed"and the hour, day, month, and year of the filing thereof;
(2) File the applicationin the Secretary of State's office;
(3) Issue a certificateof withdrawal to which the Secretary of State shall affix the exact orconformed copy of the application; and
(4) Send to the foreignlimited liability company or its representative the certificate of withdrawaltogether with the exact or conformed copy of the application affixed thereto.
(d) After thewithdrawal of the foreign limited liability company is effective, service ofprocess on the Secretary of State in accordance with subsection (b) of thissection shall be made by delivering to and leaving with the Secretary of State,or with any clerk authorized by the Secretary of State to accept service ofprocess, duplicate copies of that process and the fee required by G.S. 57C‑1‑22(b).Upon receipt of process in the manner provided in this subsection, theSecretary of State shall mail a copy of the process by registered or certifiedmail, return receipt requested, to the foreign limited liability company at themailing address designated pursuant to subsection (b) of this section. (1993, c. 354, s. 1; 2001‑387,ss. 86, 87.)
§ 57C‑7‑11. Withdrawal of foreign limited liability company.
(a) A foreign limitedliability company authorized to transact business in this State may notwithdraw from this State until it obtains a certificate of withdrawal from theSecretary of State.
(b) A foreign limitedliability company authorized to transact business in this State may apply for acertificate of withdrawal by delivering an application to the Secretary ofState for filing. The application must set forth:
(1) The name of theforeign limited liability company and the name of the state or country underwhose law it is formed;
(2) That it is nottransacting business in this State and that it surrenders its authority totransact business in this State;
(3) That the foreignlimited liability company revokes the authority of its registered agent toaccept service of process and consents that service of process in any action orproceeding based upon any cause of action arising in this State, or arising outof business transacted in this State, during the time the foreign limitedliability company was authorized to transact business in this State, maythereafter be made on such foreign limited liability company by service thereofon the Secretary of State;
(4) A mailing address towhich the Secretary of State may mail a copy of any process served on theSecretary of State under subdivision (3) of this subsection; and
(5) A commitment to filewith the Secretary of State a statement of any subsequent change in its mailingaddress.
(c) If the Secretary ofState finds that the application conforms to law, the Secretary of State shall:
(1) Endorse on theapplication and an exact or conformed copy thereof the word "filed"and the hour, day, month, and year of the filing thereof;
(2) File the applicationin the Secretary of State's office;
(3) Issue a certificateof withdrawal to which the Secretary of State shall affix the exact orconformed copy of the application; and
(4) Send to the foreignlimited liability company or its representative the certificate of withdrawaltogether with the exact or conformed copy of the application affixed thereto.
(d) After thewithdrawal of the foreign limited liability company is effective, service ofprocess on the Secretary of State in accordance with subsection (b) of thissection shall be made by delivering to and leaving with the Secretary of State,or with any clerk authorized by the Secretary of State to accept service ofprocess, duplicate copies of that process and the fee required by G.S. 57C‑1‑22(b).Upon receipt of process in the manner provided in this subsection, theSecretary of State shall mail a copy of the process by registered or certifiedmail, return receipt requested, to the foreign limited liability company at themailing address designated pursuant to subsection (b) of this section. (1993, c. 354, s. 1; 2001‑387,ss. 86, 87.)
