Current through the 2024 Legislative Session
Section 564-F:20-2012 - Appeal from Denial of Reinstatement(a) If the secretary of state denies a foundation's application for reinstatement following administrative dissolution, then the secretary of state shall send to the foundation written notice of denial.(b) The notice of denial shall set forth each of the secretary of state's reasons for denial.(c) The secretary of state shall send the notice of denial to the foundation at the foundation's principal address. (d) The foundation may appeal the denial of reinstatement by filing a petition for reinstatement with the court located in: (1) The county in which the foundation's principal office in this state is located; or(2) If the foundation does not have a principal office in this state, the county in which the foundation's registered office is located.(e) The foundation's petition for reinstatement shall include: (1) A copy of the secretary of state's certificate of dissolution;(2) The foundation's application for reinstatement; and(3) The secretary of state's notice of denial.(f) The foundation may commence the appeal under subsection (d) only within 30 days after the date of the notice of denial.(g) The court may summarily order the secretary of state to reinstate the dissolved corporation or may take other action that the court considers appropriate.(h) The court's final decision may be appealed as in other civil proceedings.Added by 2017, 257:47, eff. 10/1/2017. 2017, 257:47, eff. Oct. 1, 2017.