§414D-250  Reinstatement followingadministrative dissolution.  (a)  A corporation administratively dissolvedunder section 414D-249 may apply to the department director forreinstatement within two years after the effective date of dissolution.  Theapplication shall:

(1)  Recite the name of the corporation and theeffective date of its administrative dissolution;

(2)  Contain all reports due and unfiled;

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

(4)  Contain a certificate from the department oftaxation indicating that all taxes owed by the corporation have been paid, apayment arrangement has been entered into, or the unpaid tax liabilities arebeing contested in an administrative or judicial appeal with the department oftaxation.

(b)  Within the applicable reinstatementperiod, should the name of the corporation, or a name substantially identicalthereto be registered or reserved by another corporation, partnership, limitedpartnership, limited liability company, or limited liability partnership, orshould the name or a name substantially identical thereto be registered as atrade name, trademark, or service mark, then reinstatement shall be allowedonly upon the registration of a new name by the administratively dissolvedcorporation pursuant to the amendment provisions of this chapter.

(c)  If the department director determines thatthe application contains the information required by subsection (a) and thatthe information is correct, the department director shall cancel thecertificate of dissolution and prepare a certificate of reinstatement recitingthat determination and the effective date of reinstatement, file the originalof the certificate, and mail a copy to the corporation at its last knownaddress appearing in the records of the department director.

(d)  When reinstatement is effective, itrelates back to and takes effect as of the effective date of the administrativedissolution and the corporation shall resume carrying on its activities as ifthe administrative dissolution had never occurred. [L 2001, c 105, pt of §1; amL 2006, c 184, §13 and c 235, §8; am L 2009, c 23, §6]