Title 46, Chapter 3, Section 450
( 46-3-450)
(a) No foreign electric cooperative shall have the right to transact
business in this state until it shall have procured a certificate of
authority to do so from the Secretary of State. No foreign electric
cooperative shall be entitled to procure a certificate of authority
under this article to transact in this state any business which an
electric membership corporation organized under the laws of this
state is not permitted to transact; and no foreign electric
cooperative shall be entitled to procure a certificate of authority
to transact any business in this state which under any of the laws
of this state a foreign electric cooperative is not permitted to
transact. Any foreign electric cooperative to which a certificate of
authority is granted shall be subject to all licensing and
regulatory statutes of this state relating to businesses of the kind
which the foreign electric cooperative proposes to transact in this
state. A foreign electric cooperative shall not be denied a
certificate of authority by reason of the fact that the laws of the
state under which such foreign electric cooperative is organized
governing its organization and internal affairs differ from the laws
of this state; and nothing contained in this article shall be
construed to authorize this state to regulate the organization or
the internal affairs of such foreign electric cooperative. (b) Without excluding other activities which may not constitute
transacting business in this state, a foreign electric cooperative
shall not be considered to be transacting business in this state,
for the purposes of qualification under this article, solely by
reason of carrying on in this state any one or more of the following
activities: (1) Maintaining or defending any action or any administrative or
arbitration proceeding, or effecting the settlement thereof or the
settlement of claims or disputes; (2) Holding meetings of its directors or members or carrying on
other activities concerning its internal affairs; (3) Maintaining bank accounts, or share accounts in savings and
loan associations, custodian or agency arrangements with a bank or
trust company, or stock or bond brokerage accounts; (4) Securing or collecting debts or enforcing any rights in
property securing the same; (5) Effecting transactions in interstate or foreign commerce; (6) Owning and controlling a subsidiary electric membership
corporation or other corporation incorporated in or transacting
business within this state; or (7) Conducting an isolated transaction not in the course of a
number of repeated transactions of like nature. (c) This Code section shall not be deemed to establish a standard
for activities which may subject a foreign electric cooperative to
taxation or to service of process under any of the laws of this
state. |