LD 1767
pg. 4
Page 3 of 54 An Act To Amend the Laws Relating to Corporations, Limited Partnerships, Limite... Page 5 of 54
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LR 2593
Item 1

 
1.__Application for reinstatement.__A corporation
administratively dissolved under section 1113 may apply to the
Secretary of State for reinstatement within 6 years after the
effective date of dissolution. The application must:

 
A.__State the name of the corporation and the effective date
of its administrative dissolution;

 
B.__State that the ground or grounds for dissolution either
did not exist or have been eliminated; and

 
C.__State that the corporation's name satisfies the
requirements of section 301-A.

 
2.__Reinstatement after administrative dissolution.__If the
Secretary of State determines that the application contains the
information required under subsection 1 and is accompanied by the
reinstatement fee set forth in section 1401, subsection 35, and
that the information is correct, the Secretary of State shall
cancel the administrative dissolution and prepare a notice of
reinstatement that recites that determination and the effective
date of reinstatement. The Secretary of State shall send notice
to the corporation at its last registered office address.

 
3.__Effect of reinstatement.__When the reinstatement is
effective under subsection 2, it relates back to and takes effect
as of the effective date of the administrative dissolution, and
the corporation resumes activities as if the administrative
dissolution had not occurred.

 
§1115.__Appeal from denial of reinstatement

 
1.__Denial of reinstatement.__If the Secretary of State denies
a corporation's application for reinstatement following
administrative dissolution, the Secretary of State shall mail a
written notice that explains the reason or reasons for denial to
the corporation at its last registered office address.

 
2.__Appeal.__A corporation may appeal a denial of
reinstatement under subsection 1 to the Superior Court of the
county where the corporation's principal office is located or, if
there is no principal office in this State, in Kennebec County
within 30 days after the date of the notice of denial. The
corporation appeals by petitioning the court to set aside the
dissolution and attaching to the petition copies of the Secretary
of State's notice of administrative dissolution, the
corporation's application for reinstatement and the Secretary of
State's notice of denial.


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