§414-403  Reinstatement followingadministrative dissolution.  (a)  A corporation administratively dissolvedunder section 414-402 may apply to the department director for reinstatementwithin two years after the effective date of dissolution.  The applicationshall:

(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 andpenalties; 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)  When the reinstatement is effective, itrelates back to and takes effect as of the effective date of the administrativedissolution and the corporation resumes carrying on its business as if theadministrative dissolution had never occurred. [L 2000, c 244, pt of §1; am L2001, c 129, §42; am L 2006, c 235, §3; am L 2009, c 23, §2]