§ 7-16-43 - Withdrawal of certificate of revocation.
SECTION 7-16-43
§ 7-16-43 Withdrawal of certificate ofrevocation. – (a) Within ten (10) years after issuing a certificate of revocation as providedin § 7-16-42, the secretary of state may withdraw the certificate ofrevocation and retroactively reinstate the limited liability company in goodstanding as if its certificate of organization had not been revoked except assubsequently provided:
(1) On the filing by the limited liability company of thedocuments it had previously failed to file as set forth in subdivisions (3)– (6) of § 7-16-41(a);
(2) On the payment by the limited liability company of apenalty in the amount of fifty dollars ($50.00) and an additional fifty dollars($50.00) for each year or part of year that has elapsed since the issuance ofthe certificate of revocation less the fifty dollars ($50.00) paid under theimmediately preceding clause; and
(3) Upon the filing by the limited liability company of acertificate of good standing from the Rhode Island division of taxation.
(b) If, as permitted by the provisions of this chapter orchapters 1.2, 6, or 12, or 13 of this title, another limited liability company,business or nonprofit corporation, registered limited liability partnership ora limited partnership, or in each case domestic or foreign, authorized andqualified to transact business in this state, bears or has filed a fictitiousbusiness name statement as to or reserved or registered a name which is thesame as, the name of the limited liability company with respect to which thecertificate of revocation is proposed to be withdrawn, then the secretary ofstate shall condition the withdrawal of the certificate of revocation on thereinstated limited liability company's amending its articles of organization soas to designate a name which is not the same as its former name.