§425-14  Cancellation of registration. (a)  The director may commence a proceeding to cancel the registration of a domesticor foreign general partnership if the partnership fails to:

(1)  Pay any fees prescribed by law;

(2)  File its annual statement for a period of twoyears;

(3)  Appoint and maintain an agent for service ofprocess as required; or

(4)  File a statement of a change in the name orbusiness address of the agent as required under this chapter.

The cancellation of such registration or certificateshall not relieve the partners of liability for the penalties for the failureto file any statement or certificates required by this part.

(b)  Within two years after the administrativecancellation of a domestic general partnership under this section, theregistration statement of the domestic general partnership may be reinstated bythe director upon written application executed by any partner of the domesticgeneral partnership.  The application shall:

(1)  Recite the name of the domestic generalpartnership and the effective date of its administrative cancellation;

(2)  Contain all statements 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 domestic general partnershiphave been paid, a payment arrangement has been entered into, or the unpaid taxliabilities are being contested in an administrative or judicial appeal withthe department of taxation.

(c)  Within the applicable reinstatementperiod, should the name of the domestic general partnership, or a namesubstantially identical thereto be registered or reserved by anothercorporation, partnership, limited partnership, limited liability company, orlimited liability partnership, or should such name or a name substantiallyidentical thereto be registered as a trade name, trademark, or service mark,then reinstatement shall be allowed only upon the registration of a new name bythe administratively canceled domestic general partnership pursuant to theamendment provisions of this chapter.

(d)  When the reinstatement is effective, itrelates back to and takes effect as of the effective date of the administrativecancellation and the domestic general partnership may resume its business as ifthe administrative cancellation had never occurred. [L 1969, c 247, pt of §1;am L 1982, c 204, §8; am L 1983, c 124, §17; am L 1999, c 249, §24; am L 2000,c 219, §54; am L 2001, c 129, §71; am L 2002, c 130, §85; am L 2003, c 124, §50;am L 2006, c 235, §12; am L 2009, c 23, §9]