B. Withdrawal

 

§414-451  Withdrawal of foreign corporation. (a)  A foreign corporation authorized to transact business in this State maynot withdraw from this State until it obtains a certificate of withdrawal fromthe department director.

(b)  A foreign corporation authorized totransact business in this State may apply for a certificate of withdrawal bydelivering an application to the department director for filing.  Theapplication shall set forth:

(1)  The name of the foreign corporation and the nameof the state or country under whose law it is incorporated;

(2)  That it is not transacting business in this Stateand that it surrenders its authority to transact business in this State;

(3)  That it revokes the authority of its registeredagent to accept service on its behalf and consents that service of process inany action or proceeding based upon any cause of action arising in this Stateduring the time the corporation was authorized to transact business in thisState may thereafter be made on such corporation by service thereof on thedepartment director; and

(4)  A mailing address to which the departmentdirector may mail a copy of any process served on the department director underparagraph (3).

(c)  After the withdrawal of the corporation iseffective, service of process on the department director under this section isservice on the foreign corporation.  Upon receipt of process, the departmentdirector shall mail a copy of the process to the foreign corporation at themailing address set forth under subsection (b).

(d)  After the filing of the application ofwithdrawal, the department director shall issue a certificate of withdrawalthat shall be effective as of the date of the filing of the application ofwithdrawal, and the authority of the foreign corporation to transact businessin this State shall cease. [L 2000, c 244, pt of §1; am L 2002, c 130, §33; amL 2003, c 124, §15]