35-14-1423. Appeal from denial of reinstatement. (1) If the secretary of state denies a corporation's application for reinstatement following administrative dissolution, the secretary of state shall serve the corporation under 35-14-504 with a written notice that explains the reason or reasons for denial.
(2) The corporation may appeal the denial of reinstatement to the district court of the first judicial district within 30 days after service of the notice of denial is effected. The corporation appeals by petitioning the court to set aside the dissolution and attaching to the petition copies of the secretary of state's certificate of dissolution, the corporation's application for reinstatement, and the secretary of state's notice of denial.
(3) The court may summarily order the secretary of state to reinstate the dissolved corporation or may take other action the court considers appropriate.
(4) The court's final decision may be appealed as in other civil proceedings.
History: En. Sec. 196, Ch. 271, L. 2019.
Structure Montana Code Annotated
Title 35. Corporations, Partnerships, and Associations
Chapter 14. Montana Business Corporation Act
35-14-1401. Dissolution by incorporators or initial directors
35-14-1402. Dissolution by board of directors and shareholders
35-14-1403. Articles of dissolution
35-14-1404. Revocation of dissolution
35-14-1405. Effect of dissolution
35-14-1406. Known claims against dissolved corporation
35-14-1407. Other claims against dissolved corporations
35-14-1410. through 35-14-1419 reserved
35-14-1420. Grounds for administrative dissolution
35-14-1421. Procedure for and effect of administrative dissolution
35-14-1422. Reinstatement following administrative dissolution
35-14-1423. Appeal from denial of reinstatement
35-14-1424. through 35-14-1429 reserved
35-14-1430. Grounds for judicial dissolution
35-14-1431. Procedure for judicial dissolution
35-14-1432. Receivership or custodianship
35-14-1433. Decree of dissolution
35-14-1434. Election to purchase in lieu of dissolution