48-25-303 - Reinstatement following administrative revocation. - Tennessee Statutes

48-25-303. Reinstatement following administrative revocation.

(a)  A foreign corporation whose certificate of authority is administratively revoked under § 48-25-302 may apply to the secretary of state for reinstatement. The application must:

     (1)  Recite the name of the corporation at its date of revocation;

     (2)  State that the ground or grounds for revocation either did not exist or have been eliminated;

     (3)  State a corporate name that satisfies the requirements of § 48-14-101; and

     (4)  Contain a certificate from the commissioner of revenue reciting that the corporation has properly filed all reports and paid all taxes and penalties required by revenue laws of this state.

(b)  (1)  If the secretary of state determines that the application contains the information required by subsection (a) and that the information is correct, the secretary of state shall reinstate the certificate of authority, prepare a certificate that recites the secretary of state's determination and the effective date of reinstatement, file the original of the certificate, and serve a copy on the corporation under § 48-15-104.

     (2)  If the corporate name in subdivision (a)(3) is different than the corporate name in subdivision (a)(1), the application for reinstatement shall constitute an amendment to its certificate of authority insofar as it pertains to the corporate name.

(c)  When the reinstatement is effective, it relates back to and takes effect as of the effective date of the administrative revocation and the corporation resumes carrying on its business as if the administrative revocation had never occurred.

[Acts 1986, ch. 887, § 15.32; 1987, ch. 273, § 43; 1989, ch. 451, § 30; 1991, ch. 188, § 10; 2000, ch. 572, § 1.]