LD 1810
pg. 41
Page 40 of 55 PUBLIC Law Chapter 630 Page 42 of 55
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LR 2559
Item 1

 
1. Failure to file annual report; penalty. A domestic or foreign
limited liability company that is required to deliver an annual
report for filing as provided by section 757 that fails to deliver
its properly completed annual report to the Secretary of State
shall pay, in addition to the regular annual report fee, the sum of
$25, if the late filing penalty described in section 751,
subsection 26, as long as the report is received by the Secretary
of State prior to revocation or suspension of the limited liability
company administrative dissolution. Upon a limited liability
company's failure to file the annual report and to pay the annual
report fee or the penalty, the Secretary of State, notwithstanding
Title 4, chapter 5 and Title 5, chapter 375, shall revoke a foreign
limited liability company's authority to do business in this State
and suspend administratively dissolve a domestic limited liability
company from doing business. The Secretary of State shall use the
procedures set forth in section 719, subsection 2, relative to
revoking the right of foreign limited liability companies to do
business in this State, for suspending domestic limited liability
companies 608-B to administratively dissolve a domestic limited
liability company and the procedures set forth in section 719-B to
revoke a foreign limited liability company's authority to transact
business in this State. A foreign limited liability company whose
authority to do business in this State has been revoked under this
subsection that wishes to do business again in this State must be
authorized as provided in section 712. A domestic limited
liability company that has been suspended administratively
dissolved under this subsection may be reinstated by filing the
current annual report together with the current annual filing fee
and by paying the reinstatement fee of $125 for each year the
limited liability company failed to file an annual report. The
maximum reinstatement fee may not exceed $500, regardless of the
number of delinquent reports or the period of delinquency section
608-B must follow the requirements set forth in section 608-C to
reinstate.

 
2. Nonconformity. If the Secretary of State finds that an
annual report delivered for filing does not conform with the
requirements of section 757, the report must be returned for
correction.

 
3. Suspension. A limited liability company while suspended
may not engage in business.

 
4. Excusable neglect. If the annual report of a domestic or
foreign limited liability company is not delivered for filing
within the time specified in section 757, the limited liability
company is excused from the liability provided in this section
and from any other penalty for failure to file timely the report,


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