§ 48-2c-1208. Reinstatement following administrative dissolution.

(1) A company dissolved under Section 48-2c-1207 may apply to the division for reinstatement within two years after the effective date of dissolution by delivering to the division for filing an application for reinstatement that states:

(a) the effective date of the company's dissolution;

(b) the company name as of the effective date of dissolution;

(c) that the ground for dissolution either did not exist or has been eliminated;

(d) the name under which the company is being reinstated, if different than the name stated in Subsection (1)(b);

(e) that the name stated in Subsection (1)(d) satisfies the requirements of Section 48-2c-106;

(f) that all fees or penalties imposed pursuant to this chapter or otherwise owed by the company to the state have been paid;

(g) the address of the principal office of the company; and

(h) the information required by Subsection 16-17-203(1).

(2) The company shall include in or with the application for reinstatement the written consent to appointment by the designated registered agent.

(3) If the division determines that the application for reinstatement contains the information required by Subsections (1) and (2) and that the information is correct, the division shall revoke the administrative dissolution. The division shall mail to the company in the manner provided in Subsection 48-2c-1207(5) written notice of:

(a) the revocation; and

(b) the effective date of the revocation.

(4) When the reinstatement is effective, it relates back to the effective date of the administrative dissolution. Upon reinstatement:

(a) an act of the company during the period of dissolution is effective and enforceable as if the administrative dissolution had never occurred; and

(b) the company may carry on its business, under the name stated pursuant to Subsection (1)(b) or (1)(d), as if the administrative dissolution had never occurred.

Amended by Chapter 141, 2009 General Session