A. An association may change its registered office or its registered agent, or both, by filing in the office of the secretary of state a statement that includes:

(1) the name of the association;

(2) the address of its registered office;

(3) if the address of the association's registered office is changed, the address to which the registered office is changed;

(4) the name of its registered agent;

(5) if the association's registered agent is changed:

(a) the name of its successor registered agent; and

(b) if the successor registered agent is an individual, a statement executed by the successor registered agent acknowledging acceptance of the appointment by the filing association as its registered agent; or

(c) if the successor registered agent is a corporation, an affidavit executed by the president or vice president of the corporation in which the officer acknowledges the corporation's acceptance of the appointment by the filing association as its registered agent;

(6) a statement that the address of the association's registered office and the address of the office of its registered agent, as changed, will be identical; and

(7) a statement that the change was authorized by resolution duly adopted by its board of directors.

B. The statement made pursuant to the provisions of Subsection A of this section shall be executed by the association by any two members and delivered to the secretary of state. If the secretary of state finds that the statement conforms to the provisions of the Sanitary Projects Act, it shall file the statement in the office of the secretary of state. The change of address of the registered office, or the appointment of a new registered agent, or both, shall become effective upon filing of the statement required by this section.

C. A registered agent of an association may resign as agent upon filing a written notice thereof, executed in duplicate, with the secretary of state. The secretary of state shall mail a copy immediately to the association in care of an officer, who is not the resigning registered agent, at the address of the officer as shown by the most recent annual report of the association. The appointment of the agent shall terminate upon the expiration of thirty days after receipt of the notice by the secretary of state.

History: Laws 2001, ch. 200, § 5; 2013, ch. 75, § 4.

The 2013 amendment, effective July 1, 2013, required that changes of registered office be filed with the secretary of state; in Subsection A, in the introductory sentence, after "by filing in the office of the", deleted "public regulation commission" and added "secretary of state"; in Subsection B, in the first sentence, after "delivered to the", deleted "public regulation commission" and added "secretary of state", in the second sentence, at the beginning of the sentence, after "If the", deleted "commission" and added "secretary of state", and after "in the office of the", deleted "commission" and added "secretary of state"; in Subsection C, in the first sentence, after "executed in duplicate, with the", deleted "public regulation commission" and added "secretary of state", in the second sentence, at the beginning of the sentence, after "The", deleted "commission" and added "secretary of state", and in the third sentence, after "notice by the", deleted "commission" and added "secretary of state".