§414D-282 - Withdrawal of foreign corporation.
§414D-282 Withdrawal of foreign
corporation. (a) A foreign corporation authorized to transact business in
this State shall not withdraw from this State until it obtains a certificate of
withdrawal from the department director.
(b) A foreign corporation authorized to
transact business in this State may apply for a certificate of withdrawal by
delivering an application to the department director for filing. The
application shall set forth:
(1) The name of the foreign corporation and the name
of the state or country under whose law it is incorporated;
(2) That it is not transacting business in this State
and that it surrenders its authority to transact business in this State;
(3) That it revokes the authority of its registered
agent to accept service on its behalf, and consents that service of process in
any action or proceeding based upon any cause of action arising in this State
during the time the corporation was authorized to conduct affairs in this State
may thereafter be made on such corporation by service thereof on the department
director; and
(4) A mailing address to which the department
director may mail a copy of any process served on the department director under
paragraph (3).
(c) After the withdrawal of the corporation is
effective, service of process on the department director under this section is
service on the foreign corporation. Upon receipt of process, the department
director shall mail a copy of the process to the foreign corporation at the
mailing address set forth in its application for withdrawal.
(d) After the filing of the application of
withdrawal, the department director shall issue a certificate of withdrawal
that shall be effective as of the date of the filing of the application of
withdrawal, and the authority of the foreign corporation to transact business
in this State shall cease. [L 2001, c 105, pt of §1; am L 2002, c 130, §66]