§ 55-14-22. Reinstatement following administrative dissolution. - North Carolina Statutes

§ 55‑14‑22. Reinstatement following administrative dissolution.

(a)        A corporationadministratively dissolved under G.S. 55‑14‑21 may apply to theSecretary of State for reinstatement. The application must:

(1)        Recite the name ofthe corporation and the effective date of its administrative dissolution; and

(2)        State that theground or grounds for dissolution either did not exist or have been eliminated.

(3)        Reserved.

(4)        Repealed by SessionLaws 1995, c. 539, s. 6.

(a1)      If, at the time thecorporation applies for reinstatement, the name of the corporation is notdistinguishable from the name of another entity authorized to be used underG.S. 55D‑21, then the corporation must change its name to a name that isdistinguishable upon the records of the Secretary of State from the name of theother entity before the Secretary of State may prepare a certificate ofreinstatement.

(b)        If the Secretary ofState determines that the application contains the information required bysubsection (a) of this section, that the information is correct, and that thename of the corporation complies with G.S. 55D‑21 and any otherapplicable section, the Secretary of State shall cancel the certificate ofdissolution and prepare a certificate of reinstatement that recites the Secretaryof State's determination and the effective date of reinstatement, file theoriginal of the certificate, and mail a copy to the corporation.

(c)        When thereinstatement is effective, it relates back to and takes effect as of the dateof the administrative dissolution and the corporation resumes carrying on itsbusiness as if the administrative dissolution had never occurred, subject tothe rights of any person who reasonably relied to his prejudice upon thecertificate of dissolution. (1989, c. 265, s. 1; 1995, c. 539, ss. 6, 7; 1996, 2ndEx. Sess., c. 17, s. 15.1(b); 1997‑200, ss. 1, 2(b); 1997‑485, s.1; 2001‑390, s. 7; 2001‑413, ss. 7, 7.1.)