Sec.12-214-1. Carrying on, or having the right to carry on, business

(a) A company is "carrying on business in this state" if, within this state, it engages in one or more of the following activities, including but not limited to:

(1) owning or leasing (as lessee) real property;

(2) maintaining an office, or compensating its employee for the use of his home if such employee works from such home; if its property, including product samples, brochures and advertising materials, and instructions on product usage, is stored in such home; and if the address or telephone number of such home is listed in its advertisements and public announcements;

(3) selling tangible personal property (as opposed to soliciting orders therefor);

(4) performing or soliciting orders for services;

(5) selling or soliciting orders for real property;

(6) maintaining a stock of inventory in a public warehouse;

(7) having an employee, wherever based: engage in managerial or research activities; make collections on regular or delinquent accounts; offer technical assistance and training to its customer or user of its product after the sale; repair or replace faulty or damaged goods; install or assemble its product; visit its customer or user of its product to determine customer or user satisfaction; pick up returned merchandise from its customer or user of its product; rectify or assist in rectifying any product, credit, shipping or similar complaint arising from the purchase or use of its product; verify the destruction of damaged merchandise; coordinate the delivery of merchandise, whether or not special promotions are involved; distribute replacement parts; inspect the installation of its product by its customer or user of its product; or conduct credit investigations or arrange for credit and financing for its customer or user of its product;

(8) delivering merchandise inventory on consignment to its distributors or dealers;

(9) owning or leasing (as lessee) personal property which is not related to solicitation of orders; and

(10) participating in the approval of servicing distributors and dealers where its customer or user of its product can have such product serviced or repaired.

(b) A company has "the right to carry on business in this state" if:

(1) in the case of a company incorporated or organized under the laws of this state, the secretary of the state has endorsed its certificate of incorporation. A company shall thereafter have such right until a certificate of dissolution is filed as required by Section 33-376 (d), 33-377 (b), 33-383 (d) or 33-387 (d).

(2) in the case of a company incorporated or organized under the laws of another state, the secretary of the state has issued to it a certificate of authority. A company shall thereafter have such right until a certificate of withdrawal is filed as required by Section 33-408 (c) or until a certificate of revocation is filed as required by Section 33-409 (c).

(Effective December 19, 1984)