§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 serve the corporation as required under section 1113, subsection 7 with a written notice that explains the reason or reasons for denial.
[PL 2007, c. 323, Pt. B, §14 (AMD); PL 2007, c. 323, Pt. G, §4 (AFF).]
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.
[PL 2003, c. 631, §3 (NEW).]
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.
[PL 2003, c. 631, §3 (NEW).]
4. Final decision. The court's final decision in an appeal under this section may be appealed as in other civil proceedings.
[PL 2003, c. 631, §3 (NEW).]
SECTION HISTORY
PL 2003, c. 631, §3 (NEW). PL 2007, c. 323, Pt. B, §14 (AMD). PL 2007, c. 323, Pt. G, §4 (AFF).
Structure Maine Revised Statutes
TITLE 13-B: MAINE NONPROFIT CORPORATION ACT
13-B §1101. Voluntary dissolution
13-B §1101-A. Voluntary dissolution by incorporators
13-B §1102. Revocation of voluntary dissolution proceedings
13-B §1103. Effect of statement of revocation of voluntary dissolution proceedings
13-B §1104. Articles of dissolution
13-B §1104-A. Bylaws; disposal of assets
13-B §1105. Dissolution pursuant to court order
13-B §1106. Procedure in liquidation of corporation by court
13-B §1107. Filing of claims in liquidation proceedings
13-B §1108. Discontinuance of liquidation proceedings
13-B §1109. Decree of dissolution
13-B §1110. Deposit with Treasurer of State of undistributed assets
13-B §1111. Survival of remedy after dissolution; liquidating trustees
13-B §1112. Grounds for administrative dissolution
13-B §1113. Procedure for and effect of administrative dissolution
13-B §1114. Reinstatement following administrative dissolution
13-B §1115. Appeal from denial of reinstatement
13-B §1116. Reinstatement of suspended corporate charter
13-B §1117. Revival of nonprofit corporation after dissolution
13-B §1118. Late reinstatement of nonprofit corporation after administrative dissolution