§ 21-313 — Domestic corporation; foreign corporation; failure to file report or pay occupation tax; effect

Nebraska § 21-313

• Jurisdiction: Nebraska
• Ch. 21: Corporations and Other Companies

Text

(1) If a domestic corporation
required to deliver the biennial report and pay the occupation
tax prescribed in sections 21-301 to 21-330 fails
or neglects to deliver such report or pay
such occupation tax by April 15
of each even-numbered year, such corporation shall be administratively dissolved
on April 16 of such year.
(2) If a foreign corporation
required to deliver the biennial report and pay the occupation tax prescribed
in sections 21-301 to 21-330 fails or neglects to deliver such report or pay
such occupation tax by April 15 of each even-numbered year, the authority
of such corporation to transact business in this state shall be administratively
revoked on April 16 of such year.

Legislative History

Source: Laws 1913, c. 240, § 13, p. 750; R.S.1913, § 773; C.S.1922, § 691; C.S.1929, § 24-1713; R.S.1943, § 21-313; Laws 1945, c. 39, § 1, p. 195; Laws 1955, c. 63, § 7, p. 204; Laws 1967, c. 101, § 9, p. 315; Laws 1969, c. 124, § 6, p. 572; Laws 1982, LB 928, § 10; Laws 2002, LB 989, § 4; Laws 2003, LB 524, § 8; Laws 2014, LB749, § 246. Annotations: Foreign corporation tax is computed upon the amount of its paid-up capital stock employed in Nebraska. State ex rel. J. I. Case Threshing Machine Co. v. Marsh, 117 Neb. 832, 223 N.W. 126 (1929). After action has been brought in name of dissolved corporation, amendment may be allowed substituting as plaintiffs the managing directors as trustees. Weekes Grain & Live Stock Co. v. Ware & Leland, 99 Neb. 126, 155 N.W. 233 (1915). After charter has been forfeited for nonpayment of occupation tax, corporation cannot sue in corporate name. Weekes Grain & Live Stock Co. v. Ware & Leland, 99 Neb. 126, 155 N.W. 233 (1915); Havens & Co. v. Colonial Apartment House Co., 97 Neb. 639, 150 N.W. 1011 (1915).