§ 35-8-913 — Appeal From Denial Of Reinstatement

35-8-913 . Appeal from denial of reinstatement. (1) If the secretary of state denies a limited liability company's application for reinstatement following administrative dissolution, the secretary of state shall deliver a notice to the company that explains the reason or reasons for the denial.
(2) The company may appeal the denial of reinstatement to a district court within 30 days after delivery of the notice of denial. The company shall appeal by petitioning the court to set aside the dissolution and attaching to the petition copies of the secretary of state's certificate of dissolution, the company's application for reinstatement, and the secretary of state's notice of denial.
(3) The court may summarily order the secretary of state to reinstate the dissolved company or may take other action that the court considers appropriate.
(4) The court's final decision may be appealed as in other civil proceedings.

Legislative History

En. Sec. 46, Ch. 302, L. 1999; amd. Sec. 10, Ch. 23, L. 2017.