Title 46, Chapter 3, Section 469
( 46-3-469)
(a) A foreign electric cooperative that is required under this
article to obtain a certificate of authority but fails to do so
shall be liable to this state for the years or parts thereof during
which it transacted business in this state without a certificate of
authority, in an amount equal to all fees which would have been
imposed by this article upon such foreign electric cooperative had
it duly applied for and received a certificate of authority to
transact business in this state as required by this article and
thereafter filed all reports required by this article, plus all
penalties imposed by this article. The Attorney General, at the
direction of the Secretary of State, shall bring proceedings in the
name of the state to recover all amounts due this state under this
Code section. (b) No foreign electric cooperative that is required under this
article to obtain a certificate of authority shall be permitted to
maintain any action or proceeding in any court of this state unless
before commencement of the action it shall have obtained such a
certificate. No action or proceeding may be maintained in any court
of this state by any foreign electric cooperative that is the
successor or assignee of such foreign electric cooperative on any
right, claim, or demand arising out of the transaction of business
by such foreign electric cooperative in this state unless before
commencement of the action a certificate of authority shall have
been obtained by such foreign electric cooperative or by a foreign
electric cooperative which has acquired all or substantially all of
its assets. (c) The failure of a foreign electric cooperative to obtain a
certificate of authority to transact business in this state shall
render voidable any contract of such foreign electric cooperative
arising out of business transacted in this state at the instance of
any other party to such contract; but such voidability may be cured
by the foreign electric cooperative's obtaining a certificate of
authority, provided that such certificate of authority is obtained
prior to final judgment in any action wherein this subsection is
relied upon. The failure of such foreign electric cooperative to
obtain a certificate of authority shall not prevent such foreign
electric cooperative from defending any action or proceeding in any
court of this state, nor shall any party avail himself of the
benefit of subsection (b) of this Code section except upon motion
prior to judgment. |