10-11422. Reinstatement following
administrative dissolution
A. A corporation administratively dissolved under section 10-11421 may apply to the
commission for reinstatement within six years after the effective date of dissolution
unless the corporation is a utility providing domestic water services or domestic
wastewater services and the assets of the corporation have been transferred to a domestic
water improvement district or a domestic wastewater improvement district established
pursuant to title 48, chapter 6 or to a municipality incorporated pursuant to title 9,
chapter 1. The application shall both:
1. Recite the name of the corporation and the effective date of its administrative
dissolution.
2. State that the ground or grounds for dissolution either did not exist or have
been eliminated.
B. If the commission determines that the application contains the information
required by subsection A of this section and that the information is correct, the
commission shall cancel the certificate of dissolution and prepare a certificate of
reinstatement that recites this determination and the effective date of reinstatement,
file the original of the certificate and serve a copy on the corporation under section
10-3504.
C. 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.
D. If another corporation has adopted the name of the corporation or another person
has adopted the name of the corporation as a trade name, the application shall be
accompanied by articles of amendment that are in accordance with chapter 33, article 1 of
this title and that adopt a new name for the corporation that complies with chapter 27,
article 1 of this title.
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