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



(1)  Pay any fees prescribed by law;



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



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



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



The cancellation of such registration or certificate
shall not relieve the partners of liability for the penalties for the failure
to file any statement or certificates required by this part.



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



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



(2)  Contain all statements 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 domestic general partnership
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.



(c)  Within the applicable reinstatement
period, should the name of the domestic general partnership, 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 such 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 canceled domestic general partnership pursuant to the
amendment provisions of this chapter.



(d)  When the reinstatement is effective, it
relates back to and takes effect as of the effective date of the administrative
cancellation and the domestic general partnership may resume its business as if
the 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]