S.D. Codified Laws § 47-1A-1422

Current through the 2024 Legislative Session

Section 47-1A-1422 - Reinstatement following administrative dissolution

A corporation administratively dissolved under § 47-1A-1421 may apply to the Office of the Secretary of State for reinstatement any time after the effective date of dissolution. The application must:

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

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

(3) State that the corporation's name satisfies the requirements of §§ 47-1A-401 to 47-1A-401.3, inclusive; and

(4) Contain a certificate from the Department of Revenue in this state reciting that all taxes and fees administered and collected by the department which are owed by the corporation have been paid.

If the Office of the Secretary of State determines that the application contains the information required by this section and that the information is correct, the Office of the Secretary of State shall cancel the certificate of dissolution and prepare a certificate of reinstatement that recites that determination and the effective date of reinstatement, file the original of the certificate, and serve a copy on the corporation.

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

SDCL 47-1A-1422

SL 2005, ch 239, §329; SL 2008, ch 275, §43; SL 2011, ch 1 (Ex. Ord. 11-1), § 161, eff. Apr. 12, 2011.