§ 7-90-702 — Change or resignation of registered agent

(1) An entity that
maintains a registered agent pursuant to this part 7 may change its registered
agent, the registered agent address, or the registered agent name of its registered
agent only by stating a different registered agent, different registered agent
address, or different registered agent name for its registered agent, as the case
may be, in one of the following:

(a) A statement of change filed pursuant to section 7-90-305.5;

(b) A periodic report filed pursuant to section 7-90-501; or

(c) Any form or cover sheet filed by the secretary of state pursuant to part 3
of this article, which form or cover sheet has been prescribed by the secretary of
state for effecting such change.

(2) If the registered agent address or the registered agent name of the
registered agent of an entity that is required to maintain a registered agent
pursuant to this part 7 changes, the registered agent shall deliver to the secretary
of state, for filing pursuant to part 3 of this article, a statement of change that, in
addition to the information required to be stated in the statement of change
pursuant to section 7-90-305.5, states that the person appointed as registered
agent has delivered notice of the change to the entity.

(3) (Deleted by amendment, L. 2004, p. 1490, � 232, effective July 1, 2004.)

(4) If a person appointed as the registered agent for an entity in a filed
document has resigned or otherwise is no longer the registered agent, the person,
or if such person is deceased or a court of competent jurisdiction has appointed a
guardian or general conservator for the person, the person's executor,
administrator, guardian, conservator, or other legal representative, may deliver to
the secretary of state, for filing pursuant to part 3 of this article, a statement of
change that, in addition to the information required to be stated in the statement of
change pursuant to section 7-90-305.5, states:

(a) The registered agent name and registered agent address as contained in
the records of the secretary of state;

(b) The date on which the person resigned or otherwise ceased to be the
registered agent for the entity; and

(c) That notice of the change has been delivered to the entity.

(5) Notwithstanding the provisions of section 7-90-304, a statement of
change delivered by a person pursuant to subsection (4) of this section is effective
on the thirty-first day after the date that the statement of change is filed in the
records of the secretary of state or on a delayed effective date stated in the
statement of change effecting the resignation that is not earlier than the thirty-first
day, and not later than the ninetieth day, after the date the statement of change
effecting the resignation is filed in the records of the secretary of state or on the
effective date of a statement of change appointing a different person as registered
agent, whichever occurs first.

(6) A statement of change pursuant to this section shall not be required to
comply with section 7-90-305.5 (2)(b).

Legislative History

Source: L. 2003: Entire part added, p. 2302, � 217, effective July 1, 2004. L. 2004: IP(1), (2), (3), IP(4), and (4)(c) amended and (6) added, p. 1490, � 232, effective July 1. L. 2005: IP(1) amended, p. 1210, � 16, effective October 1. L. 2007: (5) amended, p. 244, � 37, effective May 29. L. 2008: IP(4) and (4)(c) amended, p. 20, � 7, effective August 5. L. 2010: (1)(b) amended, (HB 10-1403), ch. 404, p. 1998, � 17, effective August 11.