§ 7-90-904 — Cure of delinquency

(1) (a) An entity that has been delinquent
for fewer than five years may cure its delinquency by delivering to the secretary of
state, for filing pursuant to part 3 of this article 90, a statement curing delinquency
that is signed by an individual under penalty of perjury and that states:

(I) The entity's principal office address; and

(II) The entity's registered agent's name and address.

(b) (Deleted by amendment, L. 2008, p. 23, � 17, effective August 5, 2008.)

(c) An entity that has been delinquent for five years or longer may cure its
delinquency by delivering to the secretary of state, for filing pursuant to part 3 of
this article 90, the following documents:

(I) A statement curing delinquency that is signed by an individual under
penalty of perjury and that states:

(A) The entity's principal office address; and

(B) The entity's registered agent's name and address;

(II) An affidavit attesting that the individual who signed the statement has
the authority of the entity to sign for and act on behalf of the entity; and

(III) A copy of a government-issued personal photographic identification for
the individual who signed the statement and affidavit.

(2) In lieu of curing its delinquency pursuant to subsection (1) of this section,
a delinquent foreign entity may cure its delinquency by causing to be delivered to
the secretary of state, for filing pursuant to part 3 of this article, a statement of
foreign entity withdrawal.

(3) A delinquent domestic entity may cure its delinquency by dissolving.

(4) (a) Except as provided in paragraphs (b) and (c) of this subsection (4), the
entity name of an entity following the curing of its delinquency shall be the same as
the entity name, determined without regard to section 7-90-601.6, of the entity at
the time the entity cures its delinquency if such entity name complies with section
7-90-601 at the time the entity cures its delinquency. If such entity name would not
be distinguishable on the records of the secretary of state as contemplated in
section 7-90-601, the entity name of the entity following curing of its delinquency
shall be such entity name followed by the words delinquency cured and the
month, day, and year of the effective date of the statement curing delinquency.

(b) In the case of a foreign entity that cures its delinquency pursuant to
subsection (2) of this section, the foreign entity name of the foreign entity shall be
its foreign entity name at the time it cures its delinquency, determined without
regard to section 7-90-601.6, as changed by section 7-90-601.7.

(c) In the case of a domestic entity that cures its delinquency pursuant to
subsection (3) of this section, the domestic entity name of the domestic entity shall
be its domestic entity name at the time it cures its delinquency, determined without
regard to section 7-90-601.6, as changed by section 7-90-601.5.

Legislative History

Source: L. 2005: Entire part added, p. 1213, � 20, effective October 1. L. 2006: (4)(a) amended, p. 876, � 63, effective July 1. L. 2008: (1) amended, p. 23, � 17, effective August 5. L. 2009: (4)(a) amended, (HB 09-1248), ch. 252, p. 1134, � 18, effective May 14. L. 2024: (1) amended, (HB 24-1137), ch. 332, p. 2251, � 7, effective August 7.