79-11-351 - Reinstatement after administrative dissolution.
§ 79-11-351. Reinstatement after administrative dissolution.
(1) A corporation administratively dissolved under Section 79-11-349 may apply to the Secretary of State for reinstatement at any time after the effective date of dissolution. The application must:
(a) Recite the name of the corporation and the effective date of its administrative dissolution;
(b) State that the ground or grounds for dissolution either did not exist or have been eliminated;
(c) State that the corporation's name satisfies the requirements of Section 79-11-157; and
(d) Contain a certificate from the State Tax Commission reciting that all taxes owed by the corporation have been paid.
(2) If the Secretary of State determines that the application contains the information required by subsection (1) of this section and that the information is correct, the Secretary of State shall cancel the certificate of dissolution and prepare a certificate of reinstatement reciting that determination and the effective date of reinstatement, file the original of the certificate and serve a copy on the corporation under Section 79-11-169.
(3) When reinstatement is effective, it relates back to and takes effect as of the effective date of the administrative dissolution and the corporation shall resume carrying on its activities as if the administrative dissolution had never occurred.
Sources: Laws, 1987, ch. 485, § 126; Laws, 1993, ch. 368, § 15; Laws, 2009, ch. 527, § 5, eff from and after July 1, 2009.