§414-403  Reinstatement following
administrative dissolution.  (a)  A corporation administratively dissolved
under section 414-402 may apply to the department director for reinstatement
within two years after the effective date of dissolution.  The application
shall:



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



(2)  Contain all reports due and unfiled;



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



(4)  Contain a certificate from the department of
taxation indicating that all taxes owed by the corporation 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 corporation, 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 dissolved
corporation 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
dissolution and the corporation resumes carrying on its business as if the
administrative dissolution had never occurred. [L 2000, c 244, pt of §1; am L
2001, c 129, §42; am L 2006, c 235, §3; am L 2009, c 23, §2]