§ 23-0.5-5-11 — Revocation of registration; grounds; notice

Indiana § 23-0.5-5-11

• Jurisdiction: Indiana
• Title 23: BUSINESS AND OTHER ASSOCIATIONS
• Art. 0.5: UNIFORM BUSINESS ORGANIZATIONS CODE
• Ch. 5: Foreign Entities

Text

(a) The secretary of state may revoke the
registration of a registered foreign entity, business trust, or agricultural
cooperative if:
(1) the entity does not pay, not later than sixty (60) days after the
due date, any fee, tax, interest, or penalty required to be paid to
the secretary of state under this article or law of Indiana other
than this article;
(2) the entity does not deliver to the secretary of state for filing,
not later than sixty (60) days after the due date, a biennial report;
(3) the entity does not have a registered agent as required by IC 23-0.5-4-1;
(4) the entity does not deliver to the secretary of state for filing a
statement of change under IC 23-0.5-4-6 not later than thirty (30)
days after a change occurs in the name or address of the entity's
registered agent; or
(5) the secretary of state receives a duly authenticated certificate
from the secretary of state or other official having custody of
entity filings in the state or country under whose law the entity is
registered stating that it has been dissolved or disappeared as the
result of a merger.
(b) If the secretary of state determines that one (1) or more grounds
exists under subsection (a) for revocation of a registration, the secretary
of state shall provide to the foreign entity written notice of the
determination, unless the secretary of state:
(1) receives a receipt showing failure of a previous attempt of
service of process upon the entity's registered agent at the address
of the registered office; and
(2) determines that the secretary of state's office has no record of
the entity's principal office address.
(c) The notice under subsection (b) must state:
(1) the effective date of the revocation, which must be at least
sixty (60) days after the date the secretary of state delivers the
copy; and
(2) the grounds for revocation under subsection (a).
(d) The authority of a registered foreign entity to do business in
Indiana ceases on the effective date of the notice of revocation under
subsection (b), unless before that date the entity cures each ground for
revocation stated in the notice. If the entity cures each ground, the
secretary of state shall file a record so stating.
(e) The secretary of state's revocation of a registration appoints the
secretary of state the entity's agent for service of process in any
proceeding based on a cause of action that arose during the time the
entity was authorized to transact business in Indiana. Service of process
on the secretary of state under this subsection is service on the entity.
Upon receipt of process, the secretary of state shall mail a copy of the
process to the entity at its principal office shown in its most recent
biennial report or in any subsequent communication received from the
entity stating the current mailing address of its principal office, unless
the secretary of state:
(1) receives a receipt showing failure of a previous attempt of
service of process upon the entity's registered agent at the address
of the registered office; and
(2) determines that the secretary of state's office has no record of
the entity's principal office address.
(f) Revocation of an entity's registration does not terminate the
authority of the registered agent of the entity.

Legislative History

As added by P.L.118-2017, SEC.5. Amended by P.L.52-2018, SEC.20; P.L.156-2023, SEC.6.