A. If the commission denies a limited liability company’s application for reinstatement following administrative dissolution, the commission shall deliver to the company a notice in a record that explains the reasons for the denial to the address of the company’s statutory agent or, if the company does not have a statutory agent or the statutory agent’s address is invalid, to the company’s principal address.

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Terms Used In Arizona Laws 29-3710

  • Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
  • Commission: means the corporation commission. See Arizona Laws 29-3102
  • Principal address: means the mailing address of a limited liability company or foreign limited liability company, whether or not located in this state. See Arizona Laws 29-3102
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and that is retrievable in a perceivable form. See Arizona Laws 29-3102
  • Statutory agent: means the agent of a limited liability company or foreign limited liability company that is authorized to receive service of any process, notice or demand required or permitted by law to be served on the company. See Arizona Laws 29-3102
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.

B. A limited liability company that has been administratively dissolved and that is denied reinstatement by the commission pursuant to this section may bring an action against the commission in superior court to review the commission’s refusal to reinstate the company. The action by the company shall be brought within six months after the commission’s refusal becomes final. The superior court shall hear and determine the action as a trial de novo. In any such action, the burden of proof shall be on the company.