(a) If the department director denies a corporation‘s application for reinstatement following administrative dissolution, the department director shall mail a written notice to the corporation or its designated representative that explains the reason or reasons for denial.

Terms Used In Hawaii Revised Statutes 414-404

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • 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.
  • Department director: means the director of commerce and consumer affairs, unless the context otherwise requires. See Hawaii Revised Statutes 414-3
(b) The corporation may appeal the denial of reinstatement to the circuit court within thirty days after the notice of denial is mailed. The corporation may appeal by petitioning the court to set aside the dissolution and attaching to the petition copies of the department director’s certificate of dissolution, the corporation’s application for reinstatement, and the department director’s notice of denial.
(c) The court may summarily order the department director to reinstate the dissolved corporation or may take other action the court considers appropriate.
(d) The court’s final decision may be appealed as in other civil proceedings.

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