LD 1767
pg. 5
Page 4 of 55 PUBLIC Law Chapter 631 Page 6 of 55
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LR 2593
Item 1

 
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.

 
3.__Court action.__The court may summarily order the Secretary
of State to reinstate an administratively dissolved corporation
or may take other action the court considers appropriate.

 
4.__Final decision.__The court's final decision in an appeal
under this section may be appealed as in other civil proceedings.

 
§1116.__Reinstatement of suspended corporate charter

 
1.__Reinstatement after charter suspension.__A corporation
whose charter was suspended before July 1, 2004 may apply to the
Secretary of State for reinstatement and the reinstatement may be
granted, if:

 
A.__The Secretary of State determines that the application
contains the information required under section 1114,
subsection 1;

 
B.__The application for reinstatement is accompanied by the
reinstatement fee set forth in section 1401, subsection 35;
and

 
C.__The application for reinstatement is received by the
Secretary of State by June 30, 2010.


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