§ 7-6-56 Revocation of certificate ofincorporation. – (a) The certificate of incorporation of a corporation may be revoked by thesecretary of state upon the conditions prescribed in this section when it isestablished that:
(1) The corporation procured its articles of incorporationthrough fraud;
(2) The corporation has continued to exceed or abuse theauthority conferred upon it by law;
(3) The corporation has failed to file its annual reportwithin the time required by this chapter, or has failed to pay any fees, whenthey have become due and payable;
(4) The corporation has failed for 30 days to appoint andmaintain a registered agent in this state as required by this chapter;
(5) The corporation has failed, after change of itsregistered office or registered agent, to file in the office of the secretaryof state a statement of the change as required by this chapter;
(6) The corporation has failed to file in the office of thesecretary of state any amendment to its articles of incorporation or anyarticles of merger within the time prescribed by this chapter; or
(7) A misrepresentation has been made of any material matterin any application, report, affidavit, or other document submitted by thecorporation pursuant to this chapter.
(b) No certificate of incorporation of a corporation shall berevoked by the secretary of state unless:
(1) The secretary of state shall have given the corporationnot less than sixty (60) days notice thereof by regular mail addressed to theregistered office of the corporation in this state on file with the secretaryof state's office; provided, however, that if a prior mailing addressed to theregistered office of the corporation in this state currently on file with thesecretary of state's office has been returned to the secretary of state asundeliverable by the United States Postal Service for any reason, or if therevocation notice is returned as undeliverable to the secretary of state'soffice by the United States Postal Service for any reason, the secretary ofstate shall give notice as follows:
(i) To the corporation at its principal office of record asshown in its most recent annual report, and no further notice shall berequired; or
(ii) In the case of a domestic corporation which has not yetfiled an annual report, then to any one of the incorporators listed on thearticles of incorporation, and no further notice shall be required; and
(2) The corporation fails prior to revocation to file theannual report or pay the fees, or file the required statement of change ofregistered agent or registered office, or file the articles of amendment orarticles of merger, or correct the misrepresentation.
§ 7-6-56 Revocation of certificate ofincorporation. – (a) The certificate of incorporation of a corporation may be revoked by thesecretary of state upon the conditions prescribed in this section when it isestablished that:
(1) The corporation procured its articles of incorporationthrough fraud;
(2) The corporation has continued to exceed or abuse theauthority conferred upon it by law;
(3) The corporation has failed to file its annual reportwithin the time required by this chapter, or has failed to pay any fees, whenthey have become due and payable;
(4) The corporation has failed for 30 days to appoint andmaintain a registered agent in this state as required by this chapter;
(5) The corporation has failed, after change of itsregistered office or registered agent, to file in the office of the secretaryof state a statement of the change as required by this chapter;
(6) The corporation has failed to file in the office of thesecretary of state any amendment to its articles of incorporation or anyarticles of merger within the time prescribed by this chapter; or
(7) A misrepresentation has been made of any material matterin any application, report, affidavit, or other document submitted by thecorporation pursuant to this chapter.
(b) No certificate of incorporation of a corporation shall berevoked by the secretary of state unless:
(1) The secretary of state shall have given the corporationnot less than sixty (60) days notice thereof by regular mail addressed to theregistered office of the corporation in this state on file with the secretaryof state's office; provided, however, that if a prior mailing addressed to theregistered office of the corporation in this state currently on file with thesecretary of state's office has been returned to the secretary of state asundeliverable by the United States Postal Service for any reason, or if therevocation notice is returned as undeliverable to the secretary of state'soffice by the United States Postal Service for any reason, the secretary ofstate shall give notice as follows:
(i) To the corporation at its principal office of record asshown in its most recent annual report, and no further notice shall berequired; or
(ii) In the case of a domestic corporation which has not yetfiled an annual report, then to any one of the incorporators listed on thearticles of incorporation, and no further notice shall be required; and
(2) The corporation fails prior to revocation to file theannual report or pay the fees, or file the required statement of change ofregistered agent or registered office, or file the articles of amendment orarticles of merger, or correct the misrepresentation.
§ 7-6-56 Revocation of certificate ofincorporation. – (a) The certificate of incorporation of a corporation may be revoked by thesecretary of state upon the conditions prescribed in this section when it isestablished that:
(1) The corporation procured its articles of incorporationthrough fraud;
(2) The corporation has continued to exceed or abuse theauthority conferred upon it by law;
(3) The corporation has failed to file its annual reportwithin the time required by this chapter, or has failed to pay any fees, whenthey have become due and payable;
(4) The corporation has failed for 30 days to appoint andmaintain a registered agent in this state as required by this chapter;
(5) The corporation has failed, after change of itsregistered office or registered agent, to file in the office of the secretaryof state a statement of the change as required by this chapter;
(6) The corporation has failed to file in the office of thesecretary of state any amendment to its articles of incorporation or anyarticles of merger within the time prescribed by this chapter; or
(7) A misrepresentation has been made of any material matterin any application, report, affidavit, or other document submitted by thecorporation pursuant to this chapter.
(b) No certificate of incorporation of a corporation shall berevoked by the secretary of state unless:
(1) The secretary of state shall have given the corporationnot less than sixty (60) days notice thereof by regular mail addressed to theregistered office of the corporation in this state on file with the secretaryof state's office; provided, however, that if a prior mailing addressed to theregistered office of the corporation in this state currently on file with thesecretary of state's office has been returned to the secretary of state asundeliverable by the United States Postal Service for any reason, or if therevocation notice is returned as undeliverable to the secretary of state'soffice by the United States Postal Service for any reason, the secretary ofstate shall give notice as follows:
(i) To the corporation at its principal office of record asshown in its most recent annual report, and no further notice shall berequired; or
(ii) In the case of a domestic corporation which has not yetfiled an annual report, then to any one of the incorporators listed on thearticles of incorporation, and no further notice shall be required; and
(2) The corporation fails prior to revocation to file theannual report or pay the fees, or file the required statement of change ofregistered agent or registered office, or file the articles of amendment orarticles of merger, or correct the misrepresentation.
