30-21-603. REINSTATEMENT. (a) A domestic filing entity that is dissolved administratively under section 30-21-602, Idaho Code, may apply to the secretary of state for reinstatement not later than ten (10) years after the effective date of dissolution. The application must be signed by the entity and state:
(1) The name of the entity at the time of its administrative dissolution and, if needed, a different name that satisfies section 30-21-301, Idaho Code;
(2) The address of the principal office of the entity and the information required by section 30-21-404(a), Idaho Code;
(3) The effective date of the entity’s administrative dissolution; and
(4) That the grounds for dissolution did not exist or have been cured.
(b) To be reinstated, an entity must pay all fees, taxes, interest, and penalties that were due to the secretary of state at the time of the entity’s administrative dissolution and all fees, taxes, interest, and penalties that would have been due to the secretary of state while the entity was dissolved administratively.
(c) If the secretary of state determines that an application under subsection (a) of this section contains the required information, is satisfied that the information is correct, and determines that all payments required to be made to the secretary of state by subsection (b) of this section have been made, the secretary of state shall:
(1) Cancel the statement of administrative dissolution and prepare a statement of reinstatement that states the secretary of state’s determination and the effective date of reinstatement;
(2) File the statement of reinstatement; and
(3) Serve a copy on the entity.
(d) When reinstatement under this section is effective the following rules apply:
(1) The reinstatement relates back to and takes effect as of the effective date of the administrative dissolution.
(2) The domestic filing entity resumes carrying on its activities and affairs as if the administrative dissolution had never occurred.
(3) The rights of a person arising out of an act or omission in reliance on the dissolution before the person knew or had notice of the reinstatement are not affected.
History:
[30-21-603, added 2015, ch. 243, sec. 12, p. 781.]
Structure Idaho Code