§ 10A-5A-7.07 — Reinstatement After Dissolution

Alabama § 10A-5A-7.07

• Jurisdiction: Alabama
• Title 10A: Alabama Business and Nonprofit Entities Code
• Ch. 5A: Alabama Limited Liability Company Law of 2014
• Art. 7: Dissolution, Winding Up, and Reinstatement

Text

A limited liability company that has been dissolved may be reinstated upon compliance with the following conditions:
(a) the consent shall have been obtained from the members or other persons entitled to consent at the time that is:
(1) required for reinstatement under the limited liability company agreement; or
(2) if the limited liability company agreement does not state the consent required for reinstatement, sufficient for dissolution under the limited liability company agreement; or
(3) if the limited liability company agreement neither states the consent required for reinstatement nor for dissolution, sufficient for dissolution under this chapter;
(b) in the case of a written objection to reinstatement having been delivered to the limited liability company before or at the time of the consent required by subsection (a) by the members or other persons having authority under the limited liability company agreement to bring about or prevent dissolution of the limited liability company, those members or persons withdrawing that written objection effective at the time of the consent required by subsection (a);
(c) in the case of a limited liability company dissolved in a judicial proceeding initiated by one or more of the members, the consent of each of those members shall have been obtained and shall be included in the consent required by subsection (a); and
(d) the filing of a certificate of reinstatement in accordance with Section 10A-5A-7.08.

Legislative History

(Act 2014-144, p. 265, §1; Act 2021-299, §5.)