16-1a-412. Service of process, notice, or demand on entity.
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Effective 10/1/2026
16-1a-412. Service of process, notice, or demand on entity.
(1)A person may serve a represented entity with any process, notice, or demand required or permitted by law by serving the represented entity's registered agent.
(a)If a represented entity ceases to have a registered agent, or if a person cannot with reasonable diligence serve the represented entity's registered agent, the person may serve the registered entity by:
(i)registered or certified mail, return receipt requested; or
(ii)a similar commercial delivery service, addressed to the registered entity at the registered entity's principal office.
(b)A domestic filing entity or a registered foreign entity shall list the domestic filing entity's or the registered foreign entity's address in the domestic filing entity's or the registered foreign entity's most recent annual report that the division files.
(c)Service is considered effective under this Subsection
(2)on the earlier of:
(i)the day on which the represented entity receives the mail or delivery by the commercial delivery service;
(ii)the day shown on the return receipt, if the represented entity signs a return receipt; or
(iii)five days after the day on which the person serving the represented entity provides the process, notice, or demand the person intends to serve on the represented entity to the United States Postal Service or commercial delivery service, if the person provides to the United States Postal Service or commercial delivery service:
(A)the correct address for the represented entity; and
(B)sufficient postage and payment.
(3)If a person cannot serve a process, notice, or demand to a represented entity in accordance with Subsection
(1)or (2), the person may make service by delivering the process, notice, or demand to the individual in charge of any regular place of business or activity of the represented entity if the individual whom the person serves is not also a party to the action.
(a)Except as provided in Subsection (4)(b) , a person shall serve a represented entity process, notice, or demand in a written record.
(b)A person may service process, notice, or demand on a commercial registered agent in a form other than a written record, subject to the requirements the commercial registered agent sets in accordance with Section 16-1a-405 .
Enacted by Chapter 93 , 2026 General Session