§ 7-1.2-1312 - Withdrawal of certificate of revocation.
SECTION 7-1.2-1312
§ 7-1.2-1312 Withdrawal of certificate ofrevocation. – (a) Within ten (10) years after issuing a certificate of revocation as providedin § 7-1.2-1311, the secretary of state may withdraw the certificate ofrevocation and retroactively reinstate the corporation in good standing as ifits articles of incorporation had not been revoked, except as subsequentlyprovided:
(1) Upon the filing by the corporation of the documents ithad previously failed to file as set forth in subdivisions (3) – (6) of§ 7-1.2-1310(a); and
(2) Upon the payment by the corporation of a penalty for eachyear or part of a year that has elapsed since the issuance of the certificateof revocation.
(3) Upon the filing by the corporation of a certificate ofgood standing from the Rhode Island division of taxation.
(b) If, as permitted by the provisions of this title, anothercorporation, whether business or nonprofit, limited partnership, limitedliability partnership or limited liability company, or domestic or foreign,qualified to transact business in this state, bears or has filed a fictitiousbusiness name statement with respect to or reserved or registered a name whichis not distinguishable upon the records of the secretary of state from the nameof a corporation with respect to which the certificate of revocation isproposed to be withdrawn, then the secretary of state shall condition thewithdrawal of the certificate of revocation upon the reinstated corporation'samending its articles of incorporation or otherwise complying with theprovisions of this chapter with respect to the use of a name available to itunder the laws of this state so as to designate a name which is distinguishableupon the records of the secretary of state from its former name.
(c) Upon the withdrawal of the certificate of revocation andreinstatement of the corporation in good standing as provided in subsection (a)of this section, title to any real estate, or any interest in real estate, heldby the corporation at the time of the issuance of the certificate of revocationand not conveyed subsequent to the revocation of its articles of incorporationis deemed to be revested in the corporation without further act or deed.