Title 46, Chapter 3, Section 465
( 46-3-465)
(a) When a foreign electric cooperative authorized to transact
business in this state is dissolved or its authority or existence is
otherwise terminated or canceled in its jurisdiction of
incorporation, or when such foreign electric cooperative is merged
into or consolidated with another foreign electric cooperative, the
foreign electric cooperative or its successor, receiver, or trustee
shall deliver for filing with the Secretary of State a certificate
of the appropriate official of its jurisdiction of incorporation
attesting to the occurrence of any such event or an order or decree
of a court of such jurisdiction directing the dissolution of such
foreign electric cooperative, the termination of its existence, or
the cancellation of its authority, together with a statement of the
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 filing of such certificate or judgment shall be done in the
same manner and shall have the same effect as the filing of an
application for withdrawal; and the Secretary of State shall issue a
certificate of withdrawal thereon which shall be returned to the
foreign electric cooperative or its representative. Upon the
issuance of such certificate of withdrawal, the authority of the
foreign electric cooperative to transact business in this state
shall cease. (c) Upon the issuance of such certificate of withdrawal, the
Secretary of State shall be the agent of the foreign electric
cooperative upon whom any process, notice, or demand may be served
in any action or proceeding based upon any cause of action accruing
in this state prior to the issuance of such certificate. Such
service and the action thereon shall be the same as provided in this
article in other cases where the Secretary of State is agent for
service. (d) 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. |