[§428-812]  Appeal from denial of reinstatement.  (a)  If the director denies a limited liability company‘s application for reinstatement following administrative dissolution, the director shall notify the company of the reason or reasons for denial.

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Terms Used In Hawaii Revised Statutes 428-812

  • 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.
  • Director: means the director of commerce and consumer affairs. See Hawaii Revised Statutes 428-101
  • Limited liability company: means a limited liability company organized under this chapter. See Hawaii Revised Statutes 428-101

     (b)  The company may appeal the denial of reinstatement to the circuit court within thirty days after the mailing of notification of the denial.  The company appeals by petitioning the court to set aside the dissolution and attaching to the petition copies of the director’s decree of termination, the company’s application for reinstatement, and the director’s notice of denial.

     (c)  The court may summarily order the director to reinstate the dissolved company or may take other action the court considers appropriate.

     (d)  The court’s final decision may be appealed as in other civil proceedings.