New Hampshire Revised Statutes 564-F:20-2012 – Appeal from Denial of Reinstatement
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(a) If the secretary of state denies a foundation’s application for reinstatement following administrative dissolution, then the secretary of state shall send to the foundation written notice of denial.
(b) The notice of denial shall set forth each of the secretary of state’s reasons for denial.
(c) The secretary of state shall send the notice of denial to the foundation at the foundation’s principal address.
(d) The foundation may appeal the denial of reinstatement by filing a petition for reinstatement with the court located in:
(1) The county in which the foundation’s principal office in this state is located; or
(2) If the foundation does not have a principal office in this state, the county in which the foundation’s registered office is located.
(e) The foundation’s petition for reinstatement shall include:
(1) A copy of the secretary of state’s certificate of dissolution;
(2) The foundation’s application for reinstatement; and
(3) The secretary of state’s notice of denial.
(f) The foundation may commence the appeal under subsection (d) only within 30 days after the date of the notice of denial.
(g) The court may summarily order the secretary of state to reinstate the dissolved corporation or may take other action that the court considers appropriate.
(h) The court’s final decision may be appealed as in other civil proceedings.
(b) The notice of denial shall set forth each of the secretary of state’s reasons for denial.
Terms Used In New Hampshire Revised Statutes 564-F:20-2012
- 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.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- following: when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. See New Hampshire Revised Statutes 21:13
- petition: when used in connection with the equity jurisdiction of the superior court, and referring to a document filed with the court, shall mean complaint, and "petitioner" shall mean plaintiff. See New Hampshire Revised Statutes 21:51
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
(c) The secretary of state shall send the notice of denial to the foundation at the foundation’s principal address.
(d) The foundation may appeal the denial of reinstatement by filing a petition for reinstatement with the court located in:
(1) The county in which the foundation’s principal office in this state is located; or
(2) If the foundation does not have a principal office in this state, the county in which the foundation’s registered office is located.
(e) The foundation’s petition for reinstatement shall include:
(1) A copy of the secretary of state’s certificate of dissolution;
(2) The foundation’s application for reinstatement; and
(3) The secretary of state’s notice of denial.
(f) The foundation may commence the appeal under subsection (d) only within 30 days after the date of the notice of denial.
(g) The court may summarily order the secretary of state to reinstate the dissolved corporation or may take other action that the court considers appropriate.
(h) The court’s final decision may be appealed as in other civil proceedings.