Montana Code 35-14-1422. Reinstatement following administrative dissolution
35-14-1422. Reinstatement following administrative dissolution. (1) A corporation administratively dissolved under 35-14-1421 may apply to the secretary of state for reinstatement within 5 years after the effective date of dissolution. The application must:
Terms Used In Montana Code 35-14-1422
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
(a)state the name of the corporation and the effective date of its administrative dissolution;
(b)state that the ground or grounds for dissolution either did not exist or have been eliminated; and
(c)state that the corporation’s name satisfies the requirements of 35-14-401.
(2)The corporation shall submit with its application for reinstatement:
(a)a certificate from the department of revenue stating that all taxes imposed pursuant to Title 15 have been paid;
(b)a filing fee, which must be set and deposited by the secretary of state in accordance with 2-15-405; and
(c)all annual reports not yet filed with the secretary of state and related fees and penalties.
(3)If the secretary of state determines that the application contains the information, documents, and fees required by subsections (1) and (2) and that the information, documents, and fees are complete and correct, the secretary of state shall cancel the certificate of dissolution and prepare a certificate of reinstatement that recites the determination and the effective date of reinstatement, file the original of the certificate, and serve a copy on the corporation under 35-14-504.
(4)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.