(1) If the Secretary of State denies an entity‘s application for reinstatement the Secretary of State shall notify the entity and provide the reason or reasons for denial, which notification may be accomplished electronically.
(2) The entity may appeal the denial of reinstatement to the Franklin Circuit Court. The entity may appeal by petitioning the court to set aside the dissolution and attaching to the petition copies of the Secretary of State’s certificate of dissolution, the entity’s application for reinstatement, and the Secretary of State’s notice of denial.

Terms Used In Kentucky Statutes 14A.7-040

  • Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
  • 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.
  • Entity: means a corporation, business or statutory trust, partnership, limited partnership, limited liability company, limited cooperative association, or unincorporated nonprofit association, governed as to its internal affairs by the laws of the Commonwealth of Kentucky. See Kentucky Statutes 14A.1-070
  • State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010

(3) The court may summarily order the Secretary of State to reinstate the dissolved entity or may take other action the court considers appropriate.
(4) The court’s final decision may be appealed as in other civil proceedings.
Effective: January 1, 2011
History: Created 2010 Ky. Acts ch. 151, sec. 38, effective January 1, 2011.

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