16-6a-1503. Application for
authority to conduct affairs.
(1) A foreign nonprofit corporation may apply for authority
to conduct affairs in this state by delivering to the division for filing an
application for authority to conduct affairs setting forth:
(a) its corporate name and its assumed corporate name,
if any;
(b) the name of the state or country under whose law
it is incorporated;
(c) its date of incorporation;
(d) its period of duration;
(e) the street address of its principal office;
(f) the information required by Subsection 16-17-203(1);
(g) the names and usual business addresses of its
current directors and officers;
(h) the date it commenced or expects to commence
conducting affairs in this state; and
(i) the additional information the division determines
is necessary or appropriate to determine whether the application for authority
to conduct affairs should be filed.
(2) With the completed application required by Subsection
(1) the foreign nonprofit corporation shall deliver to the division for a
certificate of existence, or a document of similar import that is:
(a) authenticated by the division or other official
having custody of corporate records in the state or country under whose law it
is incorporated; and
(b) dated within 90 days before the day on which the
application for authority to conduct affairs is filed.
(3) The foreign nonprofit corporation shall include in the
application for authority to conduct affairs, or in an accompanying document,
written consent to appointment by its designated registered agent.
(4) (a) The division may permit a tribal nonprofit
corporation to apply for authority to conduct affairs in this state in the same
manner as a nonprofit corporation incorporated in another state.
(b) If a tribal nonprofit corporation elects to apply
for authority to conduct affairs in this state, for purposes of this chapter,
the tribal nonprofit corporation shall be treated in the same manner as a
foreign nonprofit corporation incorporated under the laws of another
state.
Amended by Chapter 249, 2008 General Session
Amended by Chapter 364, 2008 General Session