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Title XXIII CORPORATIONS, ASSOCIATIONS AND PARTNERSHIPS

Chapter 351

previous next Effective - 09 Jul 1998, see footnotebottom

  351.604.  Reinstatement of revoked certificate — appeal of revocation. — 1.  A foreign corporation may apply to the secretary of state for reinstatement.  The application shall:

  (1)  Recite the name of the corporation and the effective date of its administrative revocation;

  (2)  State that the ground or grounds for revocation either did not exist or have been eliminated;

  (3)  State that the corporation's name satisfies the requirements of section 351.110;

  (4)  Contain a certificate from the department of revenue reciting that all taxes owed by the corporation have been paid or a tax payback plan has been arranged with the department of revenue; and

  (5)  Contain a reinstatement fee in the amount of fifty dollars plus any delinquent fees, penalties and charges that might have accrued.

  2.  If the secretary of state determines that the application contains the information and fees required by subsection 1 of this section and that the information and fees are correct, he shall cancel the certificate of revocation and prepare a certificate of reinstatement that recites his determination and the effective date of reinstatement, file the original of the certificate, and give notice to the corporation.

  3.  A foreign corporation may appeal the secretary of state's revocation of its certificate of authority as provided under section 351.670.  The foreign corporation appeals by petitioning the court to set aside the revocation and attaching to the petition copies of its certificate of authority and the secretary of state's certificate of revocation.

  4.  The court may summarily order the secretary of state to reinstate the certificate of authority or may take any other action the court considers appropriate.

  5.  The court's final decision may be appealed as in other civil proceedings.

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(L. 1990 H.B. 1432, A.L. 1991 H.B. 219, A.L. 1998 H.B. 1216 merged with S.B. 844)

Effective 7-09-98


---- end of effective   09 Jul 1998 ----

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