55A-14-05. Revocation of dissolution.
(a) A corporation may revoke its dissolution authorized under G.S. 55A-14-02 within 120 days of its effective date.
(b) Revocation of dissolution shall be authorized in the same manner as the dissolution was authorized unless an authorization under G.S. 55A-14-02 permitted revocation by action of the board of directors alone, in which event the board of directors may revoke the dissolution without action by the members or any other person.
(c) After the revocation of dissolution is authorized, the corporation may revoke the dissolution by delivering to the Secretary of State for filing articles of revocation of dissolution, together with a copy of its articles of dissolution, that set forth:
(1) The name of the corporation;
(2) The effective date of the dissolution that was revoked;
(3) The date that the revocation of dissolution was authorized;
(4) If the corporation's board of directors revoked the dissolution, a statement to that effect;
(5) If the corporation's board of directors revoked a dissolution authorized by the members alone or in conjunction with another person or persons, a statement that revocation was permitted by action by the board of directors alone pursuant to that authorization; and
(6) If member or third person action was required to revoke the dissolution, a statement that the action was taken as required.
(d) Revocation of dissolution is effective upon the effective date of the articles of revocation of dissolution.
(e) When the revocation of dissolution is effective, it relates back to and takes effect as of the effective date of the dissolution and the corporation resumes carrying on its activities as if dissolution had never occurred, subject to the rights of any person who reasonably relied to his prejudice upon the filing of the articles of dissolution. (1955, c. 1230; 1993, c. 398, s. 1.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 55A - North Carolina Nonprofit Corporation Act
§ 55A-14-01 - Dissolution by incorporators or directors prior to commencement of activities.
§ 55A-14-02 - Dissolution by directors, members, and third persons.
§ 55A-14-03 - Plan of dissolution.
§ 55A-14-04 - Articles of dissolution.
§ 55A-14-05 - Revocation of dissolution.
§ 55A-14-06 - Effect of dissolution.
§ 55A-14-07 - Known claims against dissolved corporation.
§ 55A-14-08 - Unknown and certain other claims against dissolved corporation.
§ 55A-14-09 - Enforcement of claims.
§ 55A-14-20 - Grounds for administrative dissolution.
§ 55A-14-21 - Procedure for and effect of administrative dissolution.
§ 55A-14-22 - Reinstatement following administrative dissolution.
§ 55A-14-23 - Appeal from denial of reinstatement.
§ 55A-14-24 - Inapplicability of Administrative Procedure Act.
§ 55A-14-30 - Grounds for judicial dissolution.
§ 55A-14-31 - Procedure for judicial dissolution.
§ 55A-14-33 - Decree of dissolution.
§ 55A-14-40 - Disposition of amounts due to unavailable members and creditors.