§425E-810  Reinstatement followingadministrative cancellation.  (a)  A limited partnership that has beenadministratively canceled may apply to the director for reinstatement withintwo years after the effective date of cancellation.  The application shall:

(1)  Recite the name of the limited partnership andthe effective date of its administrative cancellation;

(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 limited partnership have beenpaid, a payment arrangement has been entered into, or the unpaid taxliabilities are being contested in an administrative or judicial appeal withthe department of taxation.

(b)  Within the applicable reinstatementperiod, should the name of the limited partnership, or a name substantiallyidentical thereto, be registered or reserved by another corporation,partnership, 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 limited partnership pursuant tothe amendment provisions of this chapter.

(c)  When the reinstatement is effective, itrelates back to and takes effect as of the effective date of the administrativecancellation, and the limited partnership may resume carrying on its businessas if the administrative cancellation had never occurred. [L 2003, c 210, pt of§1; am L 2006, c 184, §25 and c 235, §18]