§ 12:312 — Withdrawal

Louisiana § 12:312

• Jurisdiction: Louisiana
• Title 12: Conservation of Cultural Resources

Text

§312. Withdrawal
A. A foreign corporation authorized to transact business in this state may withdraw
from this state upon procuring from the secretary of state a certificate of withdrawal. In order
to procure such certificate, the corporation shall deliver to the Secretary of State an
application for withdrawal, which shall set forth:
(1) The name of the corporation and the state or country under the laws of which it
is incorporated.
(2) That the corporation is not transacting business in this state.
(3) That the corporation surrenders its authority to transact business in this state.
(4) That the corporation revokes the authority of its registered agent in this state to
accept service of process, and consents that service of process in any action or proceeding
based on any cause of action arising out of, resulting from or connected with any business
transacted by it in this state during the time the corporation was authorized to transact
business in this state, be made on the corporation by service thereof on the secretary of state,
or on a person in his office designated to receive service of process on corporations.
(5) An address to which the secretary of state may mail a copy of any process which
may be so served on the corporation.
(6) Such additional information as may be prescribed by the secretary of state as
necessary or appropriate to determination and assessment of any unpaid fees or taxes payable
by the corporation as prescribed in this Chapter.
B. The application for withdrawal shall be made on a form prescribed and furnished
by the secretary of state, and shall be executed by the corporation by any officer before a
notary public, or, if the corporation is in the hands of a receiver or trustee, shall be executed
on behalf of the corporation by such receiver or trustee and shall be acknowledged by him.
C.(1) The application for withdrawal shall be delivered to the secretary of state. If
the secretary of state finds that such application conforms to the provisions of this Chapter,
he shall, when all fees, charges, taxes, unemployment compensation contributions, penalties,
and interest have been paid as required by law and evidenced by certificates of the secretary
of the Department of Revenue and the administrator of Louisiana Employment Security Law:
(a) Issue a filed copy of the application endorsed with the month, day, and year of
filing.
(b) File the application in his office.
(c) Issue a certificate of withdrawal.
(2) The certificate of withdrawal, and the filed copy of the application for
withdrawal, issued by the secretary of state, shall be returned to the corporation or its
representative. Upon the issuance of such certificate of withdrawal, the authority of the
corporation to transact business in this state shall cease.

Legislative History

Acts 1968, No. 105, §1; Acts 1992, No. 447, §4; Acts 1997, No. 299, §1; Acts 1997, No. 1172, §1, eff. June 30, 1997; Acts 1999, No. 342, §5; Acts 2019, No. 19, §2, eff. May 28, 2019.