Rhode Island General Laws 7-16-43. Withdrawal of certificate of revocation
(a) Within twenty (20) years after issuing a certificate of revocation as provided in § 7-16-42, the secretary of state may withdraw the certificate of revocation and retroactively reinstate the limited-liability company in good standing as if its certificate of organization or certificate of registration had not been revoked except as subsequently provided:
(1) On the filing by the limited-liability company of the documents it had previously failed to file as set forth in subdivisions (3) — (6) of § 7-16-41(a);
(2) On the payment by the limited-liability company of a penalty in the amount of fifty dollars ($50.00) for each year or part of year that has elapsed since the issuance of the certificate of revocation; and
(3) Upon the filing by the limited-liability company of a certificate of good standing from the Rhode Island division of taxation.
Terms Used In Rhode Island General Laws 7-16-43
- Articles of organization: means documents filed under § 7-16-5 for the purpose of forming a limited-liability company. See Rhode Island General Laws 7-16-2
- Business: means any trade, occupation or other commercial activity engaged in for gain, profit or livelihood for which a corporation can be organized under chapter 1. See Rhode Island General Laws 7-16-2
- Filing: means delivered to the secretary of state in either paper format or electronic transmission through a medium provided and authorized by the secretary of state. See Rhode Island General Laws 7-16-2
- Limited partnership: means a limited partnership formed under the laws of this state or a foreign limited partnership. See Rhode Island General Laws 7-16-2
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- State: means a state, territory or possession of the United States, or the District of Columbia. See Rhode Island General Laws 7-16-2
(b) If, as permitted by the provisions of this chapter or chapters 1.2, 6, 12, or 13 of this title, another limited-liability company, business or nonprofit corporation, registered limited liability partnership or a limited partnership, or in each case domestic or foreign, authorized and qualified to transact business in this state, bears or has filed a fictitious business name statement as to or reserved or registered a name that is the same as, the name of the limited-liability company with respect to which the certificate of revocation is proposed to be withdrawn, then the secretary of state shall condition the withdrawal of the certificate of revocation on the reinstated limited-liability company’s amending its articles of organization or certificate of registration so as to designate a name that is not the same as its former name.
History of Section.
P.L. 1992, ch. 280, § 1; P.L. 2003, ch. 247, § 3; P.L. 2005, ch. 36, § 9; P.L. 2005, ch. 72, § 9; P.L. 2012, ch. 67, § 1; P.L. 2012, ch. 72, § 1; P.L. 2021, ch. 385, § 3, effective July 13, 2021; P.L. 2021, ch. 386, § 3, effective July 13, 2021.