1. Denial of reinstatement. If the Secretary of State denies a limited liability company’s application for reinstatement following administrative dissolution, the Secretary of State shall serve the limited liability company under section 1592, subsection 8 with a written notice that explains the reason or reasons for denial.

[PL 2011, c. 113, Pt. A, §14 (AMD).]

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Terms Used In Maine Revised Statutes Title 31 Sec. 1594

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Secretary of State: means the Secretary of State for this State. See Maine Revised Statutes Title 31 Sec. 1502
  • State: means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States. See Maine Revised Statutes Title 31 Sec. 1502
2. Appeal. A limited liability company may appeal a denial of reinstatement under subsection 1 to the Superior Court of the county where the limited liability company’s principal office is located or, if there is no principal office in this State, in Kennebec County within 30 days after the date of the notice of denial. The limited liability company appeals by petitioning the court to set aside the dissolution and attaching to the petition copies of the Secretary of State’s notice of administrative dissolution, the limited liability company’s application for reinstatement and the Secretary of State’s notice of denial.

[PL 2011, c. 113, Pt. A, §14 (AMD).]

3. Court action. The court may summarily order the Secretary of State to reinstate an administratively dissolved limited liability company or may take other action the court considers appropriate.

[PL 2011, c. 113, Pt. A, §14 (AMD).]

4. Final decision. The court’s final decision in an appeal under this section may be appealed as in other civil proceedings.

[PL 2009, c. 629, Pt. A, §2 (NEW); PL 2009, c. 629, Pt. A, §3 (AFF).]

SECTION HISTORY

PL 2009, c. 629, Pt. A, §2 (NEW). PL 2009, c. 629, Pt. A, §3 (AFF). PL 2011, c. 113, Pt. A, §14 (AMD).