§428-811 Reinstatement following administrative termination. (a) A limited liability company administratively terminated may apply to the director for reinstatement within two years after the effective date of termination. The application shall:

(1) Recite the name of the company and the effective date of its administrative termination;

(2) State that all delinquent annual reports have been filed and that all delinquent fees, penalties, assessments, and costs have been paid; and

(3) Contain a certificate from the director of taxation reciting that all taxes owed by the company have been paid.

(b) The director shall issue an order of reinstatement if:

(1) The application for reinstatement meets the requirements of subsection (a);

(2) The name of the limited liability company satisfies the requirements of section 428-105;

(3) Articles of amendment to change the name of the limited liability company are filed if the name of the company does not satisfy the requirements of section 428-105; and

(4) The delinquent annual reports have been filed and the appropriate fees and penalties have been paid.

(c) When granted, the reinstatement relates back to and takes effect as of the effective date of the administrative termination and the company may resume its business as if the administrative termination had never occurred. [L 1996, c 92, pt of §1; am L 1999, c 164, §10]