RSA 564-F:20-2011 · Reinstatement After Administrative Dissolution

564-F:20-2011 Reinstatement After Administrative Dissolution. –

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(a)

For a period of three years after the effective date of its dissolution, a foundation that has been administratively dissolved under RSA 564-F:20-2009 may apply to the secretary of state for reinstatement.

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(b)

The application for reinstatement shall include:

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(1)

The foundation's name;

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(2)

The effective date of the foundation's dissolution;

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(3)

A statement that each of the grounds for the foundation's dissolution did not exist or has been eliminated; and

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(4)

A statement that the foundation's name or proposed name satisfies the requirements of RSA 564-F:4-401.

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(c)

The secretary of state may cancel the administrative dissolution if:

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(1)

The secretary of state determines that the notice contains the information required under subsection (b);

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(2)

The information contained in the application is correct in all material respects; and

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(3)

The foundation's name or proposed name is available for registration.

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(d)

The secretary of state cancels an administrative dissolution by:

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(1)

Cancelling the notice of administrative dissolution;

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(2)

Sending to the foundation at its principal office a notice of reinstatement.

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(e)

The notice of reinstatement shall set forth:

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(1)

The secretary of state's determination under subsection (c);

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(2)

If the application for reinstatement includes a change of the foundation's name, the change of the foundation's name; and

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(3)

The effective date of reinstatement.

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(f)

A foundation's reinstatement shall have the following effects:

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(1)

The notice of reinstatement shall have the effect of an amendment of the foundation's certificate of formation;

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(2)

The reinstatement shall relate back to the effective date of the foundation's administrative dissolution;

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(3)

The foundation may resume engaging in activities in this state as if the administrative dissolution had never occurred; and

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(4)

All of the foundation's otherwise legally valid actions during the period if its dissolution shall be legally valid. Source. 2017, 257:47, eff. Oct. 1, 2017.

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