Ark. Code § 4-38-703

Current with legislation from 2024 Fiscal and Special Sessions.
Section 4-38-703 - Rescinding dissolution
(a) A limited liability company may rescind its dissolution within 120 days after the election to dissolve unless:
(1) termination has become effective;
(2) a court has entered an order dissolving the limited liability company; or
(3) the Secretary of State has dissolved the limited liability company under § 4-38-708.
(b) Rescinding dissolution under this section requires:
(1) the affirmative vote or consent of each member; and
(2) if the limited liability company has delivered to the Secretary of State for filing a statement of dissolution and:
(A) the statement has not become effective, delivery to the Secretary of State for filing of a statement of withdrawal under § 4-38-208 applicable to the statement of dissolution; or
(B) if the statement of dissolution has become effective, delivery to the Secretary of State for filing of a statement of rescission stating the name of the company and that dissolution has been rescinded under this section.
(c) If a limited liability company rescinds its dissolution:
(1) the company resumes carrying on its activities and affairs as if dissolution had never occurred;
(2) subject to paragraph (3), any liability incurred by the company after the dissolution and before the rescission has become effective is determined as if dissolution had never occurred; and
(3) the rights of a third party arising out of conduct in reliance on the dissolution before the third party knew or had notice of the rescission may not be adversely affected.

Ark. Code § 4-38-703

Added by Act 2021, No. 1041,§ 26, eff. 7/28/2021.