16-1a-411. Designation of a registered agent by a nonregistered foreign entity or a nonfiling domestic entity.

426 words·~2 min read·/ut/title-16/chapter-1a/16-1a-411

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 10/1/2026

(1)A nonregistered foreign entity or a nonfiling domestic entity may deliver to the division for filing a statement that designates a registered agent signed by the nonregistered foreign entity or the nonfiling domestic entity that states:

(a)the name, type of entity, and jurisdiction of formation of the nonregistered foreign entity or the nonfiling domestic entity; and

(b)the information required by Subsection 16-1a-404(1) .

(2)A statement described in Subsection

(1)is effective for five years after the day on which the division files the statement, unless the nonregistered foreign entity or the nonfiling domestic entity cancels the statement earlier.

(a)A person authorized to manage the affairs of the nonregistered foreign entity or the domestic nonfiling entity shall sign the statement described in Subsection

(1).

(b)By signing the statement in Subsection

(1), the person signing affirms that:

(i)the person is authorized to manage the affairs of the nonregistered foreign entity or the nonfiling domestic entity; and

(ii)the registered agent consents to serve as the registered agent for the nonregistered foreign entity or the nonfiling domestic entity.

(4)The designation of a registered agent in accordance with Subsection

(1)does not register a nonregistered foreign entity to do business in this state.

(5)The division may not reject a statement described in Subsection

(1)for filing because the name of the nonregistered foreign entity or the nonfiling domestic entity is not distinguishable on the division's records from the name of another entity that appears on the division's records.

(6)The division filing a statement described in Subsection

(1)does not make the name of the nonregistered foreign entity or the nonfiling domestic entity signing the statement available for use by another entity.

(7)A nonregistered foreign entity or a nonfiling domestic entity that delivers to the division for filing a statement described in Subsection

(1)may cancel the statement by delivering to the division for filing a statement of cancellation that states:

(a)the name of the nonregistered foreign entity or the nonfiling domestic entity; and

(b)that the nonregistered foreign entity or the nonfiling domestic entity cancels the nonregistered foreign entity's or the nonfiling domestic entity's designation as a registered agent in this state.

(8)A statement described in Subsection

(1)for a nonregistered foreign entity terminates on the day on which the nonregistered foreign entity becomes a registered foreign entity.

Enacted by Chapter 93 , 2026 General Session