§428-811  Reinstatement followingadministrative termination.  (a)  A limited liability companyadministratively terminated under section 428-810 may apply to the director forreinstatement within two years after the effective date of termination.  The applicationshall:

(1)  Recite the name of the limited liability companyand the effective date of its administrative termination;

(2)  Contain all reports due and unfiled;

(3)  Contain the payment of all delinquent fees andpenalties; and

(4)  Contain a certificate from the director oftaxation reciting that all taxes owed by the company have been paid, a paymentarrangement has been entered into, or the unpaid tax liabilities are beingcontested in an administrative or judicial appeal with the department oftaxation.

(b)  Within the applicable reinstatementperiod, should the name of the limited liability company or a namesubstantially identical thereto be registered or reserved by anothercorporation, partnership, limited partnership, limited liability company, orlimited liability partnership, or should the name or a name substantiallyidentical thereto be registered as a trade name, trademark, or service mark,then reinstatement shall be allowed only upon the registration of a new name bythe administratively terminated company pursuant to the amendment provisions ofthis chapter.

(c)  When the reinstatement is effective, itrelates back to and takes effect as of the effective date of the administrativetermination and the limited liability company resumes carrying on its businessas if the administrative termination had never occurred. [L 1996, c 92, pt of§1; am L 1999, c 164, §10; am L 2006, c 184, §34 and c 235, §21]