(a) If the Secretary of State denies a limited liability company's application for reinstatement following administrative dissolution, the Secretary of State shall serve the company with a record that explains the reason or reasons for denial.
(b) The company may appeal the denial of reinstatement to the circuit court within thirty days after service of the notice of denial is perfected. The company 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 company's application for reinstatement and the Secretary of State's notice of denial.
(c) The court may summarily order the Secretary of State to reinstate the dissolved company or may take other action the court considers appropriate.
(d) The court's final decision may be appealed as in other civil proceedings.
Structure West Virginia Code
Chapter 31B. Uniform Limited Liability Company Act
Article 8. Winding Up Company's Business
§31B-8-801. Events Causing Dissolution and Winding Up of Company's Business
§31B-8-802. Limited Liability Company Continues After Dissolution
§31B-8-803. Right to Wind Up Limited Liability Company's Business
§31B-8-804. Member's or Manager's Power and Liability as Agent After Dissolution
§31B-8-805. Articles of Termination
§31B-8-806. Distribution of Assets in Winding Up Limited Liability Company's Business
§31B-8-807. Known Claims Against Dissolved Limited Liability Company
§31B-8-808. Other Claims Against Dissolved Limited Liability Company
§31B-8-809. Grounds for Administrative Dissolution
§31B-8-810. Procedure for and Effect of Administrative Dissolution
§31B-8-811. Reinstatement Following Administrative Dissolution