2006 Utah Code - 48-2c-310 — Service on foreign companies not authorized to do business.

     48-2c-310.   Service on foreign companies not authorized to do business.
     (1) (a) Any foreign company that does business in this state without authority is considered to have thereby appointed and constituted the director of the division its agent for service of process in any proceeding against it in any state or federal court in this state arising or growing out of any business transacted by it within this state.
     (b) Transacting business in this state by a foreign company is a signification of the agreement of that foreign company that any such process when served upon the division is of the same legal force and validity as if served upon an authorized person or agent personally within this state.
     (2) Whenever the words "transacting business," "the doing of business," or "business done in this state," by any foreign company are used in this section, they mean the course or practice of carrying on any business activities in this state, including the solicitation of business or orders in this state.
     (3) (a) In the event of service upon the director of the division in accordance with Subsection (1), the director of the division shall forthwith notify the foreign company thereof by letter, certified mail, return receipt requested, directed to the foreign company at the address furnished to the director of the division by the plaintiff in the action, suit, or proceeding.
     (b) The letter must enclose a copy of the process and any other papers served upon the director of the division.
     (c) It is the plaintiff's duty in the event of service to serve process and any other papers in duplicate, to notify the director of the division that service is being made pursuant to this Subsection (3), and to pay to the director of the division a reasonable fee, which sum is taxed as part of the costs in the proceeding, if the plaintiff prevails.
     (d) The director of the division shall maintain an alphabetical record of any process served under this section setting forth the name of the plaintiff and defendant, the title, docket number, and nature of the proceeding in which process has been served upon the director, the return date thereof, and the day and hour when the service was made.
     (e) The director of the division is not required to retain the information required by Subsection (3)(d) for a period longer than five years from receipt of the service of process by the director of the division.

Amended by Chapter 127, 2006 General Session