§414D-244  Revocation of dissolution. (a)  A corporation may revoke its dissolution within one hundred twenty days ofits effective date.

(b)  Revocation of dissolution shall beauthorized in the same manner as the dissolution was authorized unless thatauthorization permitted revocation by action of the board of directors alone,in which event the board of directors may revoke the dissolution without actionby the members or any other person.

(c)  After the revocation of dissolution isauthorized, the corporation may revoke the dissolution by delivering to thedepartment director for filing articles of revocation of dissolution, togetherwith a copy of its articles of dissolution, that set forth:

(1)  The name of the corporation;

(2)  The effective date of the dissolution that wasrevoked;

(3)  The date that the revocation of dissolution wasauthorized;

(4)  If the corporation's board of directors (orincorporators) revoked the dissolution, a statement to that effect;

(5)  If the corporation's board of directors revoked adissolution authorized by the members alone or in conjunction with anotherperson or persons, a statement that revocation was permitted by action by theboard of directors alone pursuant to that authorization; and

(6)  If member or third person action was required torevoke the dissolution, the information required by section 414D-243(a)(5) or(6).

(d)  Within the applicable revocation ofdissolution period, should the name of the corporation, or a name substantiallyidentical thereto, be registered or reserved by another corporation,partnership, limited partnership, limited liability company, or limitedliability partnership, or should the name or a name substantially identicalthereto be registered as a trade name, trademark, or service mark, thenrevocation of dissolution shall be allowed only upon the registration of a newname by the dissolved corporation pursuant to the amendment provisions of thischapter.

(e)  Revocation of dissolution is effectiveupon the effective date of the articles of revocation of dissolution.

(f)  When the revocation of dissolution iseffective, it relates back to and takes effect as of the effective date of thedissolution and the corporation resumes carrying on its activities as ifdissolution had never occurred. [L 2001, c 105, pt of §1; am L 2002, c 130,§59; am L 2004, c 121, §19]