LD 1767
pg. 29
Page 28 of 54 An Act To Amend the Laws Relating to Corporations, Limited Partnerships, Limite... Page 30 of 54
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LR 2593
Item 1

 
C.__State that the domestic limited liability company's name
satisfies the requirements of section 603-A.

 
2.__Reinstatement after administrative dissolution.__If the
Secretary of State determines that the application contains the
information required under subsection 1 and is accompanied by the
reinstatement fee set forth in section 751, subsection 7-A, and
that the information is correct, the Secretary of State shall
cancel the administrative dissolution and prepare a notice of
reinstatement that recites that determination and the effective
date of reinstatement. The Secretary of State shall send notice
to the domestic limited liability company at its last registered
office address.

 
3.__Effect of reinstatement.__When the reinstatement is
effective under subsection 2, it relates back to and takes effect
as of the effective date of the administrative dissolution, and
the domestic limited liability company resumes business as if the
administrative dissolution had not occurred.

 
§608-D.__Appeal from denial of reinstatement

 
1.__Denial of reinstatement.__If the Secretary of State denies
a domestic limited liability company's application for
reinstatement following administrative dissolution, the Secretary
of State shall mail a written notice that explains the reason or
reasons for denial to the limited liability company at its last
registered office address.

 
2.__Appeal.__A domestic limited liability company may appeal a
denial of reinstatement under subsection 1 to the Superior Court
of the county where the limited liability company's principal
office is located or, if there is no principal office in this
State, in Kennebec County within 30 days after the date of the
notice of denial. The limited liability company appeals by
petitioning the court to set aside the dissolution and attaching
to the petition copies of the Secretary of State's notice of
administrative dissolution, the limited liability company's
application for reinstatement and the Secretary of State's notice
of denial.

 
3.__Court action.__The court may summarily order the Secretary
of State to reinstate an administratively dissolved domestic
limited liability company or may take other action the court
considers appropriate.

 
4.__Final decision.__The court's final decision in an appeal
under this section may be appealed as in other civil proceedings.


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