§ 55A‑14‑22. Reinstatement following administrative dissolution.
(a) A corporationadministratively dissolved under G.S. 55A‑14‑21 may apply to theSecretary of State for reinstatement. The application shall:
(1) Recite the name ofthe corporation and the effective date of its administrative dissolution; and
(2) State that theground or grounds for dissolution either did not exist or have been eliminated.
(a1) If, at the time thecorporation applies for reinstatement, the name of the corporation is not distinguishablefrom the name of another entity authorized to be used under G.S. 55D‑21,then the corporation must change its name to a name that is distinguishableupon the records of the Secretary of State from the name of the other entitybefore the Secretary of State may prepare a certificate of reinstatement.
(b) If the Secretary ofState determines that the application contains the information required bysubsection (a) of this section, that the information is correct, and that thename of the corporation complies with G.S. 55D‑21 and any otherapplicable section, the Secretary of State shall cancel the certificate ofdissolution and prepare a certificate of reinstatement that recites theSecretary of State's determination and the effective date of reinstatement,file the original of the certificate, and mail a copy to the corporation.
(c) When thereinstatement is effective, it relates back to and takes effect as of theeffective date of the administrative dissolution and the corporation resumescarrying on its activities as if the administrative dissolution had neveroccurred, subject to the rights of any person who reasonably relied to hisprejudice upon the certificate of dissolution. (1993, c. 398, s. 1; 1996, 2nd Ex. Sess., c. 17, s.15.1(d); 1997‑485, s. 2; 2001‑390, s. 9; 2001‑413, ss. 7.2,7.3.)
§ 55A‑14‑22. Reinstatement following administrative dissolution.
(a) A corporationadministratively dissolved under G.S. 55A‑14‑21 may apply to theSecretary of State for reinstatement. The application shall:
(1) Recite the name ofthe corporation and the effective date of its administrative dissolution; and
(2) State that theground or grounds for dissolution either did not exist or have been eliminated.
(a1) If, at the time thecorporation applies for reinstatement, the name of the corporation is not distinguishablefrom the name of another entity authorized to be used under G.S. 55D‑21,then the corporation must change its name to a name that is distinguishableupon the records of the Secretary of State from the name of the other entitybefore the Secretary of State may prepare a certificate of reinstatement.
(b) If the Secretary ofState determines that the application contains the information required bysubsection (a) of this section, that the information is correct, and that thename of the corporation complies with G.S. 55D‑21 and any otherapplicable section, the Secretary of State shall cancel the certificate ofdissolution and prepare a certificate of reinstatement that recites theSecretary of State's determination and the effective date of reinstatement,file the original of the certificate, and mail a copy to the corporation.
(c) When thereinstatement is effective, it relates back to and takes effect as of theeffective date of the administrative dissolution and the corporation resumescarrying on its activities as if the administrative dissolution had neveroccurred, subject to the rights of any person who reasonably relied to hisprejudice upon the certificate of dissolution. (1993, c. 398, s. 1; 1996, 2nd Ex. Sess., c. 17, s.15.1(d); 1997‑485, s. 2; 2001‑390, s. 9; 2001‑413, ss. 7.2,7.3.)
§ 55A‑14‑22. Reinstatement following administrative dissolution.
(a) A corporationadministratively dissolved under G.S. 55A‑14‑21 may apply to theSecretary of State for reinstatement. The application shall:
(1) Recite the name ofthe corporation and the effective date of its administrative dissolution; and
(2) State that theground or grounds for dissolution either did not exist or have been eliminated.
(a1) If, at the time thecorporation applies for reinstatement, the name of the corporation is not distinguishablefrom the name of another entity authorized to be used under G.S. 55D‑21,then the corporation must change its name to a name that is distinguishableupon the records of the Secretary of State from the name of the other entitybefore the Secretary of State may prepare a certificate of reinstatement.
(b) If the Secretary ofState determines that the application contains the information required bysubsection (a) of this section, that the information is correct, and that thename of the corporation complies with G.S. 55D‑21 and any otherapplicable section, the Secretary of State shall cancel the certificate ofdissolution and prepare a certificate of reinstatement that recites theSecretary of State's determination and the effective date of reinstatement,file the original of the certificate, and mail a copy to the corporation.
(c) When thereinstatement is effective, it relates back to and takes effect as of theeffective date of the administrative dissolution and the corporation resumescarrying on its activities as if the administrative dissolution had neveroccurred, subject to the rights of any person who reasonably relied to hisprejudice upon the certificate of dissolution. (1993, c. 398, s. 1; 1996, 2nd Ex. Sess., c. 17, s.15.1(d); 1997‑485, s. 2; 2001‑390, s. 9; 2001‑413, ss. 7.2,7.3.)
