48-249-607 - Appeal from denial of reinstatement.
48-249-607. Appeal from denial of reinstatement.
(a) Notice of denial. If the secretary of state denies an LLC's application for reinstatement following administrative dissolution, the secretary of state shall serve the LLC, in accordance with § 48-249-113(a) with a written notice that explains the reason or reasons for denial.
(b) Appeal procedure. The LLC may appeal the denial of reinstatement to the chancery court of Davidson County within thirty (30) days after service of the notice of denial. The LLC shall appeal by petitioning the court to set aside the dissolution and attaching to the petition copies of the secretary of state's certificate of dissolution, the LLC's application for reinstatement, and the secretary of state's notice of denial.
(c) Order of reinstatement. The court may summarily order the secretary of state to reinstate the dissolved LLC, or may take other action the court considers appropriate.
(d) Appeal of court decision. The court's final decision may be appealed as in other civil proceedings.
[Acts 2005, ch. 286, § 1.]