§ 35-8-209 — Administrative Dissolution -- Rules

35-8-209 . Administrative dissolution -- rules. (1) A domestic limited liability company may be dissolved involuntarily by order of the secretary of state if the limited liability company:
(a) (i) has failed for 60 days after a change of its registered agent to file in the office of the secretary of state a statement of the change; or
(ii) has failed for 60 days to appoint and maintain a registered agent in this state;
(b) has failed for 140 days to file its annual report within the time required by law;
(c) has failed to remit any fees required by law;
(d) procured its certificate of existence through fraud; or
(e) has exceeded or abused the authority conferred upon it by law and the excesses or abuses have continued after a written notice of the alleged excesses or abuses has been received from the secretary of state by the registered agent of the limited liability company.
(2) If dissolution is sought under subsection (1)(d) or (1)(e), the secretary of state may dissolve a limited liability company when an alleged violation of subsection (1)(d) or (1)(e) is established by an order of a district court. In addition to any other person authorized by law, the secretary of state or the attorney general may maintain an action in district court to implement the provisions of this section.

Legislative History

En. Sec. 16, Ch. 120, L. 1993; amd. Sec. 13, Ch. 302, L. 1999; amd. Sec. 59, Ch. 240, L. 2007.