§ 33-44-1006 — Revocation of certificate of authority.

(a) A certificate of authority of a foreign limited liability company to transact business in this State may be revoked by the Secretary of State in the manner provided in subsection (b) if: (1) the company fails to: (i) pay a fee, tax, or penalty owed to this State; (ii) appoint and maintain an agent for service of process as required by this article; or (iii) file a statement of a change in the name or business address of the agent as required by this article; or (2) a misrepresentation has been made of a material matter in any application, report, affidavit, or other record submitted by the company pursuant to this article. (b) The Secretary of State may not revoke a certificate of authority of a foreign limited liability company unless the Secretary of State sends the company notice of the revocation, at least sixty days before its effective date, by a record addressed to its agent for service of process in this State, or if the company fails to appoint and maintain a proper agent in this State, addressed to the office required to be maintained by Section 33-44-108. The notice must specify the cause for the revocation of the certificate of authority. The authority of the company to transact business in this State ceases on the effective date of the revocation unless the foreign limited liability company cures the failure before that date.

Legislative History

HISTORY: 1996 Act No. 343, SECTION 2; 2004 Act No. 221, SECTION 36.