(a) A corporation dissolved administratively under Section 33-14-210 may apply to the Secretary of State for reinstatement at any time after the effective date of dissolution. The application must:
(1) recite the name of the corporation and the effective date of its administrative dissolution;
(2) state that the grounds for dissolution either did not exist or have been eliminated;
(3) state that the corporation's name satisfies the requirements of Section 33-4-101; and
(4) contain a certificate from the South Carolina Department of Revenue reciting that all taxes, penalties, and interest owed by the corporation, whether assessed or not, have been paid.
(b) If the Secretary of State determines that the application contains the information required by subsection (a) and that the information is correct, he shall cancel the certificate of dissolution and prepare a certificate of reinstatement that recites his determination and the effective date of reinstatement, file the original of the certificate, and send a copy to the corporation.
(c) When the reinstatement is effective, it relates back to and takes effect as of the effective date of the administrative dissolution and the corporation resumes carrying on its business as if the administrative dissolution had never occurred.
HISTORY: Derived from 1976 Code Section 33-21-120 [1962 Code Section 12-22.12; 1962 (52) 1996; 1973 (58) 735; 1981 Act No. 146, Section 2; Repealed, 1988 Act No. 444, Section 4(1)]; 1988 Act No. 444, Section 2; 1988 Act No. 659, Section 25; 1991 Act No. 3, Section 1; 1991 Act No. 109, Section 6; 1993 Act No. 181, Section 514.
Structure South Carolina Code of Laws
Title 33 - Corporations, Partnerships and Associations
Section 33-14-101. Dissolution by incorporators or initial directors.
Section 33-14-102. Dissolution by board of directors and shareholders.
Section 33-14-103. Articles of dissolution.
Section 33-14-104. Revocation of dissolution.
Section 33-14-105. Effect of dissolution.
Section 33-14-106. Known claims against dissolved corporation.
Section 33-14-107. Unknown claims against dissolved corporation.
Section 33-14-200. Grounds for administrative dissolution.
Section 33-14-210. Procedure for and effect of administrative dissolution.
Section 33-14-220. Reinstatement following administrative dissolution.
Section 33-14-230. Appeal from denial of reinstatement.
Section 33-14-300. Grounds for judicial dissolution.
Section 33-14-310. Procedure for judicial dissolution.
Section 33-14-320. Receivership or custodianship.
Section 33-14-330. Decree of dissolution.
Section 33-14-400. Deposit with Department of Revenue.
Section 33-14-420. Claims against former shareholder of dissolved corporation.