Title 46, Chapter 3, Section 463
( 46-3-463)
(a) A foreign electric cooperative authorized to transact business
in this state may withdraw from this state upon procuring from the
Secretary of State a certificate of withdrawal. In order to procure
such certificate of withdrawal, the foreign electric cooperative
shall deliver to the Secretary of State an application for
withdrawal, which shall set forth: (1) The name of the foreign electric cooperative and the
jurisdiction under the laws of which it is incorporated; (2) That the foreign electric cooperative is not transacting
business in this state; (3) That the foreign electric cooperative surrenders its authority
to transact business in this state; (4) That the foreign electric cooperative revokes the authority of
its registered agent in this state to accept service of process
and consents that service of process in any action or proceeding
based upon any cause of action that accrued in this state during
the time the foreign electric cooperative was authorized to
transact business in this state thereafter may be made on such
foreign electric cooperative by service thereof on the Secretary
of State; and (5) A post office address to which the Secretary of State may mail
a copy of any process against the foreign electric cooperative
that may be served on him. (b) The application for withdrawal shall be made on forms prescribed
and furnished by the Secretary of State and shall be executed on
behalf of the foreign electric cooperative by its president or a
vice-president and attested by its secretary or an assistant
secretary. If the foreign electric cooperative is in the hands of a
receiver or trustee, the application shall be executed on behalf of
the foreign electric cooperative by such receiver or trustee. (c) Before the Secretary of State shall issue a certificate of
withdrawal, the foreign electric cooperative shall secure from the
state revenue commissioner a certificate that the foreign electric
cooperative has met the requirements concerning reports and taxes. |