15-31-524. Reviver of corporation after suspension or forfeiture. A corporation that has suffered the suspension or forfeiture referred to in 15-31-523 may be relieved upon making application in writing supported by a certificate from the department showing that the required return has been made and filed and that the tax and interest and penalties have been paid, for which the suspension or forfeiture occurred. Application for reviver may be made by any stockholder or creditor of the corporation or by a majority of the surviving trustees or directors. The application must be filed with the secretary of state and must be accompanied by a filing and recording fee of $15. If the application is made more than 1 year after the date the suspension or forfeiture occurred, the applicant shall pay twice the amount of the tax and penalties due the state for the tax year with respect to which the suspension or forfeiture occurred. Upon payment, the secretary of state shall issue a certificate of reviver for which the secretary of state shall collect a fee of $15, and upon issuance of the certificate, the applicant is revived. The reviver is without prejudice to any action, defense, or right that has accrued by reason of the original suspension or forfeiture. The certificate of reviver is prima facie evidence of the reviver. A certificate of reviver provided for in this section may be recorded in the office of the county clerk and recorder in any county of this state.
History: En. Sec. 11, Ch. 166, L. 1933; re-en. Sec. 2303.7, R.C.M. 1935; amd. Sec. 1, Ch. 49, L. 1947; amd. Sec. 15, Ch. 117, L. 1961; amd. Sec. 1, Ch. 52, L. 1967; amd. Sec. 65, Ch. 516, L. 1973; R.C.M. 1947, 84-1515; amd. Sec. 1, Ch. 156, L. 1987; amd. Sec. 176, Ch. 56, L. 2009.
Structure Montana Code Annotated
Chapter 31. Corporate Income Tax or Alternative Corporate Income Tax
Part 5. Administration and Collection
15-31-501. Department rules -- conformance with Internal Revenue Code
15-31-502. Assessment and payment of tax -- estimated tax payment -- amount of required installments
15-31-503. Deficiency assessment -- notice -- penalty and interest
15-31-504. Estimated tax on failure to file
15-31-505. Subpoenas -- investigation of income, and shifting
15-31-506. Copy of federal return required -- report of amended federal return
15-31-509. Periods of limitation
15-31-510. Estimated payments -- tax returns -- penalty and interest
15-31-511. Confidentiality of tax records
15-31-512. through 15-31-520 reserved
15-31-522. When immediate payment demanded
15-31-523. Suspension or forfeiture on delinquency
15-31-524. Reviver of corporation after suspension or forfeiture
15-31-525. Levy upon and sale of property
15-31-526. Action by attorney general
15-31-528. through 15-31-530 reserved
15-31-531. Credit for overpayment -- interest on overpayment
15-31-532. Application for refund -- appeal from denial
15-31-533. through 15-31-540 reserved
15-31-541. Site of failure to act -- evidence
15-31-543. Forfeiture of right to engage in business -- penalties
15-31-544. Action on false or fraudulent return
15-31-546. through 15-31-550 reserved
15-31-551. Certified copies of corporate income tax returns to taxpayer -- fee
15-31-553. Fees to reimburse department for costs -- deposit in general fund