South Carolina § 33-44-812 Appeal from denial of reinstatement.

South Carolina Statutes

§ 33-44-812 — Appeal from denial of reinstatement.

South Carolina·Title 33 CORPORATIONS, PARTNERSHIPS AND ASSOCIATIONS·Ch. 44 UNIFORM LIMITED LIABILITY COMPANY ACT OF 1996

(a)If the Secretary of State denies a limited liability company's application for reinstatement following administrative dissolution, the Secretary of State shall serve the company with a record that explains the reason or reasons for denial.

(b)The company may appeal the denial of reinstatement to the circuit court within 30 days after service of the notice of denial is perfected. The company appeals 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.

(c)The court may summarily order the Secretary of State to reinstate the dissolved company or may take other action the court considers appropriate.

(d)

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(a) If the Secretary of State denies a limited liability company's application for reinstatement following administrative dissolution, the Secretary of State shall serve the company with a record that explains the reason or reasons for denial. (b) The company may appeal the denial of reinstatement to the circuit court within 30 days after service of the notice of denial is perfected. The company appeals 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. (c) The court may summarily order the Secretary of State to reinstate the dissolved company or may take other action the court considers appropriate. (d) The court's final decision may be appealed as in other civil proceedings.

South Carolina § 33-44-812 (Appeal from denial of reinstatement.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

HISTORY: 1996 Act No. 343, SECTION 2. ARTICLE 9 Conversions and Mergers Editor's Note 1996 Act No. 343, SECTION 5, provides: "The catch lines before each section of Chapter 44 of Title 33 as contained in Section 2 and the comments appearing after such sections are provided for informational purposes only and are not considered part of the code sections themselves."