§428-811  Reinstatement following
administrative termination.  (a)  A limited liability company
administratively terminated under section 428-810 may apply to the director for
reinstatement within two years after the effective date of termination.  The application
shall:



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



(2)  Contain all reports due and unfiled;



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



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



(b)  Within the applicable reinstatement
period, should the name of the limited liability company or a name
substantially identical thereto be registered or reserved by another
corporation, partnership, limited partnership, limited liability company, or
limited liability partnership, or should the name or a name substantially
identical thereto be registered as a trade name, trademark, or service mark,
then reinstatement shall be allowed only upon the registration of a new name by
the administratively terminated company pursuant to the amendment provisions of
this chapter.



(c)  When the reinstatement is effective, it
relates back to and takes effect as of the effective date of the administrative
termination and the limited liability company resumes carrying on its business
as 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]