New Hampshire Revised Statutes 304-C:146 – Appeals From Denials of Late Reinstatements
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I. If the secretary of state denies a limited liability company’s application for reinstatement following administrative dissolution, the secretary shall mail the limited liability company a written notice that explains the reason or reasons for denial.
II. The limited liability company may appeal the denial of reinstatement to the superior court within 30 days after service of the notice of denial is perfected.
III. The limited liability company shall appeal the denial 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 limited liability company’s application for reinstatement, and the secretary of state’s notice of denial.
IV. The court may summarily order the secretary of state to reinstate the dissolved limited liability company or may take other action the court considers appropriate.
V. The court’s final decision may be appealed as in other civil proceedings.
II. The limited liability company may appeal the denial of reinstatement to the superior court within 30 days after service of the notice of denial is perfected.
Terms Used In New Hampshire Revised Statutes 304-C:146
- 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.
- following: when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. See New Hampshire Revised Statutes 21:13
- petition: when used in connection with the equity jurisdiction of the superior court, and referring to a document filed with the court, shall mean complaint, and "petitioner" shall mean plaintiff. See New Hampshire Revised Statutes 21:51
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
III. The limited liability company shall appeal the denial 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 limited liability company’s application for reinstatement, and the secretary of state’s notice of denial.
IV. The court may summarily order the secretary of state to reinstate the dissolved limited liability company or may take other action the court considers appropriate.
V. The court’s final decision may be appealed as in other civil proceedings.