489.710 Reinstatement following administrative dissolution.
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/ia/chapter-489-uniform-limited-liability-company-act/489-710·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
1. A limited liability company administratively dissolved under section 489.709 may apply to the secretary of state for reinstatement at any time after the effective date of dissolution. The application must meet all of the following requirements:
a. State the name of the limited liability company at its date of dissolution 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.
c. If the application is received more than five years after the effective date of the dissolution, state a name that satisfies the requirements of section 489.112.
2. a. If the secretary of state determines that the application contains the information required by subsection 1, and that the information is correct, the secretary of state shall cancel the certificate of dissolution and prepare a certificate of reinstatement that recites the secretary of state’s determination and the effective date of reinstatement, file the certificate of reinstatement, and deliver a copy to the limited liability company under section 489.119.
b. If the limited liability company’s name in subsection 1, paragraph “c”, is different from the name in subsection 1, paragraph “a”, the certificate of reinstatement shall constitute an amendment to the company’s certificate of organization insofar as it pertains to its name. A company shall not relinquish the right to retain its name if the reinstatement is effective within five years of the effective date of the company’s dissolution.
3. When the reinstatement is effective, it relates back to and takes effect as of the effective date of the administrative dissolution as if the administrative dissolution had never occurred.
2008 Acts, ch 1162, §54, 155
C2009, §489.706
2010 Acts, ch 1040, §1; 2020 Acts, ch 1118, §24; 2023 Acts, ch 152, §59, 143, 161
C2024, §489.710
2024 Acts, ch 1048, §1; 2024 Acts, ch 1125, §15, 31
Referred to in §488.108, 489.14503, 490.401, 504.401, 504.403, 524.310