§414-384  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 that authorizationpermitted revocation by action of the board of directors alone, in which eventthe board of directors may revoke the dissolution without shareholder action.

(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 shareholders, a statement that revocation waspermitted by action by the board of directors alone pursuant to thatauthorization; and

(6)  If shareholder action was required to revoke thedissolution, the information required by section 414-383(a)(3) or (4).

(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 is effective,it relates back to and takes effect as of the effective date of the dissolutionand the corporation resumes carrying on its business as if dissolution hadnever occurred. [L 2000, c 244, pt of §1; am L 2004, c 121, §13]