SECTIONS 12260-12263 - California Statutes

GOVERNMENT CODE

SECTION 12260-12263

12260. For the purposes of this article, "termination document"
means the certificate or other document required by the Corporations
Code that is the last certificate or document filed with the
Secretary of State to effect the final dissolution, surrender, or
cancellation of the business entity.

12261. The Secretary of State shall reinstate to active status on
its records, a business entity for which a court finds any of the
following:
(a) The factual representations by a shareholder, member, partner,
or other person that are required for the termination document are
materially false.
(b) The submission of the termination document to the Secretary of
State for filing is fraudulent.
(c) Other grounds exist warranting reinstatement of the business
entity.

12262. If the Secretary of State determines that the name of a
business entity that has been ordered by a court to be reinstated
creates a conflict under subdivision (b) of Section 201, subdivision
(b) of Section 5122, subdivision (c) of Section 7122, subdivision (b)
of Section 9122, subdivision (b) of Section 12302, subdivision (c)
of Section 15612, or subdivision (c) of Section 17052 of the
Corporations Code or any related statute, the reinstatement shall be
subject to the business entity filing an amendment to change its name
to eliminate the conflict.

12263. Nothing in this article authorizes a court to order that any
records of the Secretary of State be expunged. The Secretary of
State shall file a certified copy of the order of the court
reinstating the business entity with the records of the business
entity, and the reinstatement shall be effective on the date the
Secretary of State files the order. The Secretary of State shall
notify the Franchise Tax Board of the reinstatement of the business
entity.