§ 7-6-85 Revocation of certificate ofauthority. – (a) The certificate of authority of a foreign corporation to conduct affairs inthis state may be revoked by the secretary of state upon the conditionsprescribed in this section when:
(1) The corporation has failed to file its annual reportwithin the time required by this chapter or has failed to pay any fees orpenalties prescribed by this chapter when they have become due and payable;
(2) The corporation has failed for 30 days to appoint andmaintain a registered agent in this state as required by this chapter;
(3) The corporation has failed, after change of itsregistered agent, to file in the office of the secretary of state a statementof the change as required by this chapter;
(4) The corporation has failed to file in the office of thesecretary of state any amendment to its articles of incorporation or anyarticles of merger within the time prescribed by this chapter;
(5) The certificate of authority of the corporation wasprocured through fraud practiced upon the state;
(6) The corporation has continued to exceed or abuse theauthority conferred upon it by this chapter; or
(7) A misrepresentation has been made of any material matterin any application, report, affidavit, or other document submitted by thecorporation pursuant to this chapter.
(b) No certificate of authority of a foreign corporationshall be revoked by the secretary of state unless:
(1) The secretary of state shall have given the corporationnot less than sixty (60) days notice thereof by regular mail addressed to theregistered office of the corporation in this state on file with the secretaryof state's office; provided, however, that if a prior mailing addressed to theregistered office of the corporation in this state currently on file with thesecretary of state's office has been returned to the secretary of state asundeliverable by the United States Postal Service for any reason, or if therevocation notice is returned as undeliverable to the secretary of state'soffice by the United States Postal Service for any reason, the secretary ofstate shall give notice as follows:
(i) To the corporation at its principal office of record asshown in its most recent annual report, and no further notice shall berequired; or
(ii) In the case of a foreign corporation which has not yetfiled an annual report, then to the corporation at its principal office shownin its application for certificate of authority, and no further notice shall berequired; and
(2) The corporation fails prior to revocation to file theannual report, pay the fees or penalties, file the required statement of changeof registered agent, file the articles of amendment or articles of merger, orcorrect the misrepresentation.
§ 7-6-85 Revocation of certificate ofauthority. – (a) The certificate of authority of a foreign corporation to conduct affairs inthis state may be revoked by the secretary of state upon the conditionsprescribed in this section when:
(1) The corporation has failed to file its annual reportwithin the time required by this chapter or has failed to pay any fees orpenalties prescribed by this chapter when they have become due and payable;
(2) The corporation has failed for 30 days to appoint andmaintain a registered agent in this state as required by this chapter;
(3) The corporation has failed, after change of itsregistered agent, to file in the office of the secretary of state a statementof the change as required by this chapter;
(4) The corporation has failed to file in the office of thesecretary of state any amendment to its articles of incorporation or anyarticles of merger within the time prescribed by this chapter;
(5) The certificate of authority of the corporation wasprocured through fraud practiced upon the state;
(6) The corporation has continued to exceed or abuse theauthority conferred upon it by this chapter; or
(7) A misrepresentation has been made of any material matterin any application, report, affidavit, or other document submitted by thecorporation pursuant to this chapter.
(b) No certificate of authority of a foreign corporationshall be revoked by the secretary of state unless:
(1) The secretary of state shall have given the corporationnot less than sixty (60) days notice thereof by regular mail addressed to theregistered office of the corporation in this state on file with the secretaryof state's office; provided, however, that if a prior mailing addressed to theregistered office of the corporation in this state currently on file with thesecretary of state's office has been returned to the secretary of state asundeliverable by the United States Postal Service for any reason, or if therevocation notice is returned as undeliverable to the secretary of state'soffice by the United States Postal Service for any reason, the secretary ofstate shall give notice as follows:
(i) To the corporation at its principal office of record asshown in its most recent annual report, and no further notice shall berequired; or
(ii) In the case of a foreign corporation which has not yetfiled an annual report, then to the corporation at its principal office shownin its application for certificate of authority, and no further notice shall berequired; and
(2) The corporation fails prior to revocation to file theannual report, pay the fees or penalties, file the required statement of changeof registered agent, file the articles of amendment or articles of merger, orcorrect the misrepresentation.
§ 7-6-85 Revocation of certificate ofauthority. – (a) The certificate of authority of a foreign corporation to conduct affairs inthis state may be revoked by the secretary of state upon the conditionsprescribed in this section when:
(1) The corporation has failed to file its annual reportwithin the time required by this chapter or has failed to pay any fees orpenalties prescribed by this chapter when they have become due and payable;
(2) The corporation has failed for 30 days to appoint andmaintain a registered agent in this state as required by this chapter;
(3) The corporation has failed, after change of itsregistered agent, to file in the office of the secretary of state a statementof the change as required by this chapter;
(4) The corporation has failed to file in the office of thesecretary of state any amendment to its articles of incorporation or anyarticles of merger within the time prescribed by this chapter;
(5) The certificate of authority of the corporation wasprocured through fraud practiced upon the state;
(6) The corporation has continued to exceed or abuse theauthority conferred upon it by this chapter; or
(7) A misrepresentation has been made of any material matterin any application, report, affidavit, or other document submitted by thecorporation pursuant to this chapter.
(b) No certificate of authority of a foreign corporationshall be revoked by the secretary of state unless:
(1) The secretary of state shall have given the corporationnot less than sixty (60) days notice thereof by regular mail addressed to theregistered office of the corporation in this state on file with the secretaryof state's office; provided, however, that if a prior mailing addressed to theregistered office of the corporation in this state currently on file with thesecretary of state's office has been returned to the secretary of state asundeliverable by the United States Postal Service for any reason, or if therevocation notice is returned as undeliverable to the secretary of state'soffice by the United States Postal Service for any reason, the secretary ofstate shall give notice as follows:
(i) To the corporation at its principal office of record asshown in its most recent annual report, and no further notice shall berequired; or
(ii) In the case of a foreign corporation which has not yetfiled an annual report, then to the corporation at its principal office shownin its application for certificate of authority, and no further notice shall berequired; and
(2) The corporation fails prior to revocation to file theannual report, pay the fees or penalties, file the required statement of changeof registered agent, file the articles of amendment or articles of merger, orcorrect the misrepresentation.
